Am I liable if someone drowns in my backyard pool?

| Aug 14, 2020 | Firm News

One way to cool down during Alabama’s hot summer months is through a dip in your backyard pool. However, swimming can be dangerous and unfortunately drowning incidents occur all-too-often in Alabama. The following is an overview of liability for private pool owners when a person drowns.

Direct liability for drowning incidents

First, private pool owners can be liable for drownings if they are directly negligent in the maintenance of their pool, offer swimmers alcohol or do not adequately supervise swimmers. However, liability can be placed on private pool owners even if the drowning incident took place when they were not at home.

Liability to trespassers

Private pool owners must make sure their pool cannot be accessed by others without their knowledge. Simply putting up signs that trespassers swim at their own risk may not be enough to avoid a premises liability lawsuit. Pools must have fences that are high enough to prevent trespassing and must be locked from within. Private pool owners are tasked with the responsibility to protect those who swim in their pool — even if the swimmer is not invited — from harm, or they could face a premises liability lawsuit.

Seek help if someone drowns in your pool

Ultimately, whether they are guests or trespassers, private pool owners are tasked with the duty of ensuring their pool is safe to swim in. No one wants to be involved in a drowning incident. These are tragic events, and if it can be shown that they could have been prevented through the exercise of due care on the part of the pool owner, the pool owner could face liability. So, when the weather turns warm, private pool owners will want to ensure they do not act negligently. Those facing a legal claim following a drowning incident will want to seek the help of an experienced attorney in Alabama before moving forward.