Texas Attorney Explains Liability for Swimming Pool Owners

Attorney Alan Robertson | 888-364-6814 | Free Consult

“Someone that is qualified, that knows pool design, pool maintenance, having them come out maybe every five years or so... That’s pretty inexpensive insurance to make sure that a tragedy doesn’t occur in your own backyard.”

When it comes to liability for swimming pool owners, what are the most important things to keep in mind? How can pool owners make sure that guests stay safe?

Alan Robertson is a trial attorney with Sloan Law Firm based in Longview, Texas, with offices in Houston and Santa Fe. He focuses his practice on car and truck accidents, as well as oil field injuries and defective products. In this interview, he explains how liability works with regard to personal pools, public/community pools, and commercial/private pools, such as those in hotels.

To learn more, contact the attorney directly by calling 888-364-6814 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Key Takeaways From Alan Robertson:

Homeowners with pools should be aware of the comfort and skill level of people swimming in their pool. Especially in Texas where the summer heat sends many fleeing into the water, vigilance is the key to keeping your family and guests safe. It’s also important to make sure that pools are fenced to prevent small children from accessing the pool without adult supervision.

Liability with backyard pools is subject to the “reasonable person standard”.

The reasonable person standard is a term used to determine whether a reasonable homeowner would have acted in the same way under the same circumstances. If not, and another reasonable homeowner would have done more to prevent the injury or mitigate the severity of the injury, there could be an issue of liability.

Avoid placing objects near a pool which could increase the risk of danger.

A good way to reduce some liability for those who own backyard pools is to avoid allowing any object near the pool which could result in a dangerous situation. For example, if your pool is too shallow to dive in, there should not be a diving board available. Additionally, allowing guests to jump off the roof of the house or other structures can result in severe and even fatal injuries, so it’s best to place the pool far from anything which might allow that situation to occur, or to avoid placing structures which a person could feasibly use to engage in risky behavior near the water.

If someone is impaired by alcohol or another substance, it might be necessary to remove further drinks or send them home safely.

This is another way homeowners can avoid liability and keep their guests safe, and is also subject to the reasonable person standard as described above. If someone appears to have imbibed too much alcohol to swim or behave safely around the pool, it’s a good idea to prevent them from having any further drinks and ensure that they get home safely. While these methods of protection might be uncomfortable in the moment, the benefits are life-saving.

Public pools are often protected from liability.

This is why it is particularly essential to be aware of the skill level of those accompanying you to a public pool, and provide proper supervision for those who need it. In the case of an injury at a public or county-owned pool, making a financial recovery is particularly challenging. However, private pools like those found in hotels and resorts must follow certain safety guidelines such as posting visible warnings signs near the pool. Defects are another common risk factor for swimmers, especially in regard to the drain and suction systems included in some pools.

If you or a loved one were injured in a pool accident, contact a personal injury attorney to discuss your situation and figure out if you might be eligible to file a claim. These attorneys generally work on a contingency fee basis, which means you won’t have to pay unless they win your case. This allows families to focus on healing and recovering from one of these traumatic incidents rather than worrying about exorbitant legal fees.

To learn more, contact Alan Robertson directly by calling 888-364-6814 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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