Who is Responsible for Private Pool Injuries?


Picture this. It's summertime in the Garden State with highs exceeding 90 degrees. Your kids are all excited to visit their friend's house later in the day for a pool party. You get there and a dozen neighborhood kids are all swimming, splashing, and screaming with joy. It may only be a modest water hole, but it gets the job done to cool the kids off on a hot summer day.

Suddenly, you hear a child wailing in pain as she was hit in the head, knocked against the rim of the pool by an overenthusiastic cannonball. People flock to her to see that she is OK. As it turns out, the child isn't one of yours, and only a mild scrape was endured; but, what if it were your child? What would you do in a situation like this? What if it were worse?

Common Swimming Risks

The top two risks of swimming are slip and falls and drowning. The CDC reports about ten people die from unintentional drowning each day. Twenty percent of these are children 14 or younger. It is the second leading cause of accidental death for people between 5 and 24 years old.

If you are a homeowner with a pool on your property, you face serious liability concerns if accidents take place in your pool. Owners have to worry not only when people are actively using the pool and being supervised, but when no one is around if any trace of negligence can be found. It is of utmost importance, for this reason, that no one should be able to make his way into your pool without your permission.

Responsibilities of Pool Ownership

Owning a private pool is not all fun and games and pool maintenance. It comes with responsibilities. There is always a chance that a neighborhood kid sneaks into your backyard while you are gone and has an accident if you don't secure the grounds properly. Even if someone is trespassing, you can get sued. It is imperative to make sure that your pool is inaccessible to anyone but you and your family.

When you do invite people over, you must always keep a keen eye on everyone's whereabouts surrounding the pool. How much are your guests drinking? Are the children playing too rough or doing inappropriate things, like trying to dive into a pool that is barely 5' deep? You must be alert at all times. You must also have adequate property insurance in the unfortunate event of an accident or drowning happening on your property. Your pool on a hot summer day is the epitome of what is called an "attractive nuisance," or a hazardous object that is attractive to children.

If you or your children become seriously hurt on someone else's property due to possible negligence, it is best that you speak with a personal injury attorney in New Jersey to explore all legal options. Mr. James Vasquez of The Law Offices of James Vasquez is always available to discuss your case. Call 862-247-8711 for a free consultation.