Williams, Walsh & O'Connor, LLC

Swimming pool liability: Tips for landlords

A landlord who rents a home or apartment with a swimming pool needs to cover him or herself with a carefully crafted premises liability. Although it's not possible to completely absolve oneself of liability when it comes to swimming pools, as long as the landlord does everything reasonably possible to prevent accidents and injuries -- and as long as he or she has a good liability waiver -- the threat of being held responsible in a swimming pool-related lawsuit will be minimized.

To limit liability relating to swimming pools, landlords should include a special clause in their leases pertaining to swimming pools. This "disclosure clause" or "pool-use clause" should state the following:

  • Tenants will use the pool facilities at their own risk.
  • Tenants and guests who can't swim need to be supervised.
  • All children who visit the pool must be supervised at all times.
  • Tenants will be responsible to maintain the condition and safety of all pool equipment.
  • Tenants must inform the landlord immediately in case of a safety or maintenance issue relating to the pool or its equipment.
  • Tenants assume responsibility to supervise all of their guests. "Guests" refers to any property visitors whether they have been directly invited or not.

Even with such pool liability clauses in a leasing agreement, both landlords and renters may be liable in the case of a pool-related accident, injury or death. If your loved one was hurt or killed while using a swimming pool on someone else's property, make sure you investigate how the case would be viewed by a Connecticut civil law court in terms of the liability of the owner or renter to pay financial damages.

Source: Bigger Pockets, "4 Tips to Avoid Swimming Pool Tragedies and Liability," Scott Smith, accessed May 16, 2018

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