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Many people enjoy going to home pools with friends and family members. However, swimming pools are also fraught with danger. People can slip, fall, hit their heads, and drown. Children are especially vulnerable and are owed the homeowner’s vigilance even when they are trespassers.
When you are injured in a swimming pool accident, it is possible that the property owner was negligent for not preventing it. Owners have a duty to repair dangers or warn visitors of them under premises liability laws. Swimming pool accidents in Philadelphia can invoke a breach of that duty. Our knowledgeable slip and fall attorneys will provide tenacious representation to get you compensated for your injuries when the property owner is at fault.
Premises Liability Explained
Property owners are expected to maintain their premises, but the degree to which they must do so depends on the class of visitor. For instance, owners must give invitees who visit the property to conduct business the highest duty of care. They must protect the invitee from both known dangers and those the owner should know about.
Social guests are called licensees, and they are the most likely to be visiting someone with a swimming pool. The property owner has a duty to inform guests about dangers they created on the property or that they know exist. For example, if the pool deck is slippery, owners must warn guests so they do not slip and fall. Additionally, 55 Pennsylvania Code § 6500.83 requires in-ground pools to be fenced with a gate that is locked when the pool is not being used, and aboveground pools must be made inaccessible when nobody is using them. The murky area of this law is that if everyone in the household can swim, the pool enclosure does not need to be locked or made inaccessible.
Premises Liability and Trespassers
Under premises liability laws, property owners owe no duty to adult trespassers, except they cannot willfully try to harm them. This means when a trespassing adult climbs over the fence enclosing a pool, falls, and is injured, the homeowner will not be liable for medical bills and lost wages. However, when two daring children try the fence gate, find it unlocked, and are hurt in a swimming pool accident, the homeowner, under the Attractive Nuisance Doctrine, will be liable for the child trespassers’ injuries.
Understanding the Attractive Nuisance Doctrine
Attractive nuisances are manmade conditions that are likely to entice a child to trespass and explore further. Swimming pools are an often-used example. The premise is that children are too young to appreciate the danger. For the doctrine to be invoked:
- The homeowner must know or should know that children are likely to be attracted to the swimming pool and enter the property.
- The property owner must know or should know that a young child could be seriously injured or killed if they fall into the swimming pool.
- The risk to the children is far greater than the expense to the homeowner to make the area safe.
- The property owner does not take reasonable precautions to keep the trespassing children safe.
Parents of trespassing children have recourse after a pool mishap with the help of an experienced Philadelphia attorney who handles swimming pool accidents.
You Deserve Compensation After a Pennsylvania Swimming Pool Accident
When you have a backyard pool, you know about the allure of sparkling water beneath the dazzling sun. But pools can also be dangerous. Children who do not recognize this danger are especially vulnerable to accidents and drowning.
Pool owners have a duty to secure the space and ensure visitors and child trespassers are safe. Failing to act responsibly could result in swimming pool accidents in Philadelphia is also negligent. When you are injured because you were not warned about a dangerous condition, or your child was not protected from a pool accident, our skilled attorneys at Lowenthal and Abrams can explore your right to compensation from the property owner. Contact one of our committed attorneys today so we can help you.
