Pool News
Are You Liable If Someone Drowns In Your Pool?
![Are You Liable If Someone Drowns In Your Pool?](https://www.poolmagazine.com/wp-content/uploads/2022/07/are-you-liable-if-someone-drowns-in-your-pool.jpg)
While never a pleasant scenario to imagine, if you own a swimming pool the question inevitably will come up at some point; what happens if someone drowns in the pool? Knowing what your liability is as a homeowner and the facts regarding this issue may answer several important questions. Namely, are you financially covered in the event of an accidental death?
Public & Private Pool Liability
In public pools and privately run pools, the pool owner or operator is liable for the safety of swimmers. Examples of negligent behavior can include failing to ensure proper operation of equipment and following basic safety guidelines. Owners and operators may also be liable for failing to properly staff and train lifeguards.
Slip & Fall Injuries
Injuries such as slip and falls that occur on premises may also constitute negligence on the part of the pool owner if a court determines they were at fault and failed to maintain the facilities. Even to the extent of providing adequate signage that directs people not to run or engage in horseplay around the pool area.
Homeowner Liability
Residential pool owners may also be liable in the event of an injury or unforeseen tragedy such as an accidental drowning. A lawyer would argue that the responsibility to address any potential safety hazards in and around the pool lies with the homeowner.
Recommended Guidelines
The National Safety Council (NSC) has set guidelines for mitigating the risk of drowning. Some of those recommended safety measures include:
- Having an adult supervising the pool area at all times when young children or inexperienced swimmers are present.
- Keeping children and other vulnerable people out of areas of the pool where suction devices are present.
- Keeping emergency supplies such as a first-aid kits on hand and easily accessible.
- Hiring a designated lifeguard for any event hosting a large number of people in the pool.
- Assuring that at least one CPR-trained person is present when necessary.
- Preventing persons who have consumed alcohol from swimming.
- Preventing swimmers from diving and dangerously engaging in horseplay with one another.
Many states also have laws regarding fences, gates, and barriers that must be in place around the pool area. Failure to install this required equipment in accordance with the state mandate could constitute negligence on the part of the homeowner and leave them liable for damages.
Who Else May Be Liable For Damages?
While the laws of each state differ, trade professionals such as pool service technicians and even pool builders may be liable in the event of an injury or accidental death. In some instances, pool equipment suppliers and manufacturers may even be held liable for damages.
Examples of Potential Liability
One scenario would be if there was a recall on an installed piece of equipment sold after the recall date, or if electrical was improperly bonded in the swimming pool by the contractor. The potential for liability increases for those responsible for maintaining and sanitizing the swimming pools under their management.
What Pool Owners Need To Do To Protect Themselves
If you’re building a swimming pool, liability insurance is a must, according to insurance experts. While most homeowners carry a minimum of $100,000 in liability coverage, some policies don’t cover swimming pools. An accident could potentially leave you with liability for damages that exceed your minimum coverage.
![Most insurance experts would advise purchasing an additional $1 million in liability coverage if you are building a pool.](https://www.poolmagazine.com/wp-content/uploads/2022/07/liability-insurance-coverage-for-pools-1024x484.jpg)
Additional Liability Coverage
Many homeowners opt to purchase additional liability coverage to protect themselves in the unlikely event a lawsuit arises. While some umbrella liability coverage plans extend to the pool, some don’t. In certain cases homeowners may opt to purchase an additional $1 million in coverage which may cover slip & falls, injuries, and even drowning.
This type of safety net provides the peace of mind that in the event of an accident there is adequate insurance coverage for any potential lawsuits which may arise.
Do Homeowners Need To Inform Their Insurance Company They’re Building a Pool?
The short answer is “yes”. Many homeowners may find that it’s advisable to give their insurance agent a call before building a pool. Finding out how much coverage you have, what your homeowners policy covers, and where any potential gaps may be is always a smart idea before you embark upon a pool construction project.
Swimming pools in general are considered detached structures much like a shed. As such, typically they are not covered under a general homeowners policy unless it’s been specifically added.
Building a Swimming Pool Could Raise Your Insurance
One unforeseen cost of building a pool regards insurance. Some consumers may find that their current homeowners policy does not cover a swimming pool. Experts would say that it’s prudent to ask whether building a pool will raise the monthly premium price.
Be Prepared To Pay More For a Diving Board
Insurance professionals advise that building a swimming pool which incorporates a feature such as a jump rock or diving board can also raise rates or potentially prohibit your insurer from extending liability coverage on the pool entirely.
Rental Property Owners
It’s advised that homeowners who rent out their property or swimming pool get additional liability coverage. In most instances, a standard homeowners policy does not cover rental situations. Popular rental platforms like VRBO, Airbnb and Swimply offer up to an additional $1 million in coverage, but purchasing your own independent additional coverage may ultimately be the best protection for those who are renting out their backyard.
What Happens If Someone Drowns And You Get Sued?
All new pools in California must meet the requirements of the Swimming Pool Safety Act, which are outlined in sections 115920-115929 of the California Health and Safety Code. Among other things, the Act requires access gates in residential swimming pool enclosures to be at least 60 inches long, self-closing, and have a self-latching device no lower than 60 inches above the ground.
One Famous Pool Liability Case
Former Mötley Crüe drummer Tommy Lee and his wife, actress Pamela Anderson, were sued for $10 million in 2001 after a four-year-old child drowned in their swimming pool during a birthday party. The toddler had been left unaccompanied “for a minute,” according to Lee. Although a jury finally found that Lee and Anderson were not negligent, the couple was still subjected to much agony as well as significant legal expenditures.
![There is no better substitute for having a responsible adult supervising young children in the pool.](https://www.poolmagazine.com/wp-content/uploads/2022/07/responsible-adult-supervising-swimmers-1024x683.jpg)
Best Advice To Prevent Liability:
- Allow guests to enter the pool only if they are supervised by a responsible adult.
- Do not leave floats and toys in the pool that may attract small children.
- When adult guests come to visit, make sure they’re responsible for supervising their children.
- Do not let intoxicated adult guests or their children swim in the pool.
- Consider leaving a diving board out of your pool plan.
- Maintain a homeowner’s insurance policy with at least $1,000,000 in liability coverage for swimming pool injuries.
- Surround the pool with the appropriate size pool fence.
- Install gates that are self-latching and are at least 60 inches high.
- When not in use, the pool should ideally be securely covered.
- Make certain that everyone in the house knows how to swim.
- Pool owners should be familiar with basic first aid and life-saving skills.
- Keep enough pool safety equipment (not only flotation devices) around the pool.
- Consider adding a pool alarm to notify you when the water’s surface is interrupted.
Pool News
French Diver Makes Splash After Flop At Opening of Olympic Pool
![French Diver Makes Splash After Flop At Opening of Olympic Pool](https://www.poolmagazine.com/wp-content/uploads/2024/04/french-diver-flops-at-olympics-pool.jpg)
French Olympic diver, Alexis Jandard, created a memorable moment at the grand opening of Paris’s new Olympic pool, though not quite in the manner he had envisioned.
A startling video captured during the inauguration of the state-of-the-art Paris Aquatics Center on Thursday showcased the 26-year-old Olympian’s unfortunate landing on his right foot while gearing up to dive alongside two fellow athletes. Adorned in a Speedo reflecting the hues of the French flag, Jandard’s discomforting descent saw him landing on his back, ricocheting off the nearly 10-foot-high dive board, and somersaulting into the pool in a rather ungraceful manner.
The incident unfolded in front of a sizable crowd of onlookers, including French President Emmanuel Macron and various dignitaries. Jandard later displayed his scraped back on his Instagram account, maintaining a light-hearted approach to his embarrassing mishap by quipping, “For your information, my back is fine, but my ego…”
Sharing a photo of his reddened back, courtesy of the encounter with the diving board, on Instagram Stories, Jandard assured followers of his well-being. Speaking to RMC Sport, he recounted the unexpected turn of events, stating, “I’m fine. I didn’t hurt myself; unfortunately, these things happen. It happened at a time when I wasn’t expecting it at all.”
![Alexis Jandard injured his back at the inauguration of the new Olympic Pool in Paris. Photo Credit: @alexis_jandard - Instagram](https://www.poolmagazine.com/wp-content/uploads/2024/04/alexis-jandard-back-1024x576.jpg)
Reflecting on the incident, Jandard humorously noted, “I’ve broken boards before, but the board had never broken me before. Now it has.” Despite the hiccup, he maintained an optimistic outlook, remarking, “I would have preferred this ceremony to have gone well from A to Z. There was that little hitch. If it made people smile a little, so much the better.”
Explaining the mishap, Jandard clarified that his leg gave way upon landing but denied any slippage, emphasizing, “It’s a non-slip [board], and what’s more, the board was new, beautiful, and I think there’s still [some of] my back on the board there.”
With a silver and bronze under his belt at the 2022 and 2023 World Aquatics Championships, respectively, Jandard took the incident in stride, admitting, “It’s a shame, but it’s funny. When you take a step back, it’s funny.”
Looking ahead to the 2024 Paris Games this summer, where he is set to compete, Jandard acknowledged the inevitability of such occurrences in his sport, jesting, “These things happen,” while playfully lamenting, “It had to happen in front of the president and the whole of France. I think we chose the right moment.”
Despite being inundated with supportive messages and playful jabs, Jandard maintained a good-natured stance, urging his followers on Instagram, “Enjoy yourselves, make fun of me. I seriously deserve it!”
Pool News
Earthquake in Taiwan Causes Waterfall From Rooftop Pool
A massive earthquake in Taiwan transforms a rooftop pool into a waterfall. View viral footage.
![Earthquake in Taiwan Causes Waterfall From Rooftop Pool](https://www.poolmagazine.com/wp-content/uploads/2024/04/taiwan-earthquake-pool.jpg)
In a harrowing turn of events, Taiwan was struck by a powerful 7.4 magnitude earthquake, leaving devastation in its wake. The quake, the strongest to hit the island in 25 years, shook the east coast of Taiwan, particularly affecting the city of Hualien and its surrounding areas. With a depth of 34.8 kilometers, the epicenter of the earthquake was located 18 kilometers south of Hualien, according to the US Geological Survey.
As rescue efforts are underway to free those trapped under rubble and debris, the toll of the disaster continues to rise. At least nine individuals have lost their lives, while over 900 others have sustained injuries. The aftermath of the earthquake has left over 100 buildings damaged, with reports of landslides and collapsed structures adding to the chaos.
The force of the quake was so immense that it caused a surreal sight—a rooftop swimming pool overflowing and cascading down the side of a building, creating an impromptu waterfall. Footage captured during the earthquake also shows the sheer force as a man inside a pool struggles to maintain balance, the water swaying violently from side to side.
The region of Hualien County, with a population of approximately 300,000, faces immense challenges in assessing the full extent of the damage. Many inhabitants reside in remote coastal or mountain communities, making it difficult for rescue teams to reach them promptly. The precarious situation is exacerbated by the expectation of aftershocks, with 29 aftershocks greater than a magnitude of 4.0 already recorded near the epicenter.
Compounding the crisis are reports of miners trapped in two mines in Hualien, adding urgency to the rescue operations. Furthermore, over 91,000 households are grappling with power cuts, amplifying the difficulties faced by residents in the aftermath of the disaster.
Despite the widespread destruction, medical facilities in Taiwan’s capital, Taipei City, are functioning, albeit damaged. The Municipal Government has confirmed that hospitals are operating normally, providing critical care to the injured.
The international community has responded swiftly to the catastrophe, with the Biden administration monitoring the situation closely and expressing readiness to offer assistance. In the face of adversity, Taiwan is rallying its resources and resilience, demonstrating solidarity and resolve in confronting this natural disaster.
As the dust settles and the extent of the damage becomes clearer, questions arise about the effectiveness of early warning detection systems in mitigating the impact of natural disasters. Despite Taiwan’s investment in advanced seismic technology, including early warning systems designed to provide crucial seconds of alert before an earthquake strikes, many residents were caught off guard by the sudden and violent tremors. Reports indicate that the early warning detection system, while operational, did not reach a significant portion of the population in time to take preventive action
Pool News
Patent Pending Apple Watch SOS Feature Could Prevent Drownings
![Patent Pending Apple Watch SOS Feature Could Prevent Drownings](https://www.poolmagazine.com/wp-content/uploads/2024/04/apple-watch-sos-drowning-prevention.jpg)
A forthcoming feature potentially destined for the Apple Watch, as detailed in a recent patent application, could serve as a lifesaver for swimmers at risk of drowning.
Outlined in the patent is a capability for the Watch to identify “irregular behavior” and automatically trigger a distress call for assistance.
Apple underscores the alarming statistics surrounding drowning, particularly its prevalence among children, as a leading cause of accidental fatalities.
In the United States alone, drowning claims the lives of over 3,500 individuals annually, ranking as the fifth most common form of accidental death. Tragically, a significant portion of these victims are children.
Emphasizing the critical importance of swift intervention during water emergencies, Apple highlights the dire consequences of prolonged submersion without resuscitation, which can result in brain damage and ultimately, drowning.
A Growing Need For Cost-Effective Wearable Solutions
While acknowledging existing underwater camera systems in some swimming pools aimed at detecting distressed swimmers and alerting lifeguards, Apple notes their costliness and unreliability.
Consequently, there’s a pressing need for a simpler, more cost-effective drowning prevention solution suitable for all types of water bodies, including public and private pools, as well as natural settings like lakes and ponds where installing underwater cameras is impractical.
The patent proposes leveraging wearable devices such as the Apple Watch for broader applicability, increased reliability, and the ability to detect various types of emergencies.
Alerting When Swimmers Are In Distress
For instance, if the Watch detects a wearer who is not proficient in swimming entering deeper water, it can promptly dispatch an alert instead of waiting for signs of distress.
These alerts can be transmitted to nearby devices, including those of friends and family, and seamlessly integrate with existing drowning detection and alarm systems to ensure lifeguards are promptly notified.
Apple Watches already boast capabilities to detect and respond to falls, vehicle accidents, and cardiac irregularities. Heartwarming testimonials featured in Apple’s “Dear Apple” video series show individuals whose lives were saved by these functionalities.
As with many patents from Apple, it’s important to note that not all concepts may materialize into actual products. Nonetheless, this innovation stands as a promising addition for potential integration into future watchOS updates.
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