Swimming Pool Laws and Liabilities

Is Your Swimming Pool an Attractive Nuisance?

With summer upon us and temperatures rising, swimming pools are a go-to place for many to get cooled off and feel refreshed. Homeowners need be aware of the fact that pools can be an attractive nuisance, however, even as refreshing as they are. An attractive nuisance is a swimming pool liability legal term. It refers to the fact that you have a special duty to protect the children on your property at all times. Recreational devices like pools and swing sets are seen as attractive nuisances because they attract children to come onto the property.

If your property contains items that draws in children but also threatens their life in some ways, the law could place a special responsibility on you to prevent harm. Luckily, there are some steps that you can take to make your pool safer and reduce the chance of harm and liability. As some safety measures, one can lock any gates that lead to the pool, install fences around the pool, purchase a pool safety cover, or have a telephone near the pool if an emergency arises. All of these measures can reduce summer dangers when people should instead be having fun!

My Neighbors Just Built a Pool, But Do They Need a Fence Around It?

People with pools have a duty to prevent harm to others. Since they are seen as an attractive nuisance, others should take safety steps to make sure that children and others are not injured around the pool. For instance, the CPSC recommends that people install a 4-foot fence around the entire perimeter of any pool or spa. It is also good to consider using self-closing and self-latching gates.

So what are some other precautions that can be taken to maintain a safe swimming area? Pool and spa owners should own and maintain proper covers. They should also keep life-saving equipment on hand nearby such as reaching poles and life rings. One may also want to check with municipal or state regulations on manners requiring pool construction to see if a fence is actually required. Pool injuries can be avoided when people take proper care.

Swimming Pool Chemicals Injure Thousands Yearly

The Centers for Disease Control and Prevention say that accidents can be prevented revolving around swimming pool chemicals and the fact that they cause thousands of injuries and illnesses each year. Pool chemicals are estimated to have caused more than 28,000 cases of injury and illnesses between 2002 and 2008. It is also noted that mot pool chemical accidents have occurred at private homes.

So what were some of the most common injuries? The three most common injuries were respiratory problems, eye injuries, and skin injuries. Also, most pool-chemical accident injuries were not severe. In fact, fewer than 5% of cases required extended hospital treatment. About 40% of cases were work-related.

What are some of the factors most frequently associated with pool chemical accidents and injuries?

• Mixing incompatible chemicals: Owners of swimming pools should always utilize care and read product labels to prevent improper mixing of chemicals. There are actually buyable devices that can prevent chemical mixing on an automatic level.
• Accidental spills and splashes: Those handling pool chemicals should always use extra caution. Many chemical containers are poorly designed.
• Improper training and supervision: Those handling chemical containers should know the correct way to open, handle, close, and store them.
• Improper storage: Chemicals should always be stored out of reach of children. This is why it is important that they are always closed.