Swimming accidents claim the lives of over 1,000 children each year and accidents in swimming pools account for over 1/3 of the fatalities. Thousands of adults will also die or suffer a catastrophic injury as a result of swimming mishaps.

Don’t rely on posting signs such as “swim at your own risk”, “too shallow to dive”, etc., to protect you against a lawsuit. Your swimming pool may be considered an “attractive nuisance” which means that people, especially children, will find it too tempting to resist. You must realize that anyone who is injured in your pool, even if they are trespassing, may have the legal right to file a claim against you for any damages resulting from injuries received while in your pool. It is, therefore, crucial that your homeowners’ insurance policy specifically acknowledges the existence of a pool and protects you against any liability – regardless of the circumstances.

Public pools such as community pools and hotel/motel pools are also subject to the same guidelines. If you have been injured in a swimming pool accident, you may be able to file a claim against the responsible party of any pool if you can prove the following:

  1. They were negligent.
  2. Their negligence caused an injury.
  3. You were damaged as a result of the injury.

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