Swimming pools can be enjoyable amenities, but they also come with significant risks. Understanding liability is crucial if you or a loved one has been injured in a swimming pool accident. While landlords renting properties with pools must take steps to minimize accidents, injured parties should also know their rights and potential for compensation.
If you suffered injuries in a swimming pool accident, the attorneys at Williams, Walsh & O’Connor, LLC, can assess your situation and help you explore your options. Schedule a consultation with us today by calling 203-902-7656.
Understanding swimming pool liability waivers
While landlords are liable for injuries that happen due to unsafe conditions or lack of proper maintenance, the lease agreements you sign may include clauses to help manage liability. This “disclosure clause” or “pool-use clause” may state the following:
- Tenants will use the pool facilities at their own risk.
- Tenants and guests who can’t swim need supervision.
- All children who visit the pool must be supervised at all times.
- Tenants will be responsible for maintaining 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 directly invited or not.
These clauses aim to clarify the responsibilities of both the landlord and the tenants. However, they do not completely eliminate a landlord’s liability for pool accidents on their property.
What are your landlord’s responsibilities for pool maintenance and safety?
Under Connecticut law, landlords have a legal duty to maintain the property, including pools, in a safe and habitable condition. These include:
- Routine tasks such as skimming, vacuuming, checking water levels, balancing pH and ensuring proper filtration
- Implementing safety measures, including fencing, clear signage and posting safety rules in the area and lease agreements
- Handling major maintenance and repairs
Landlords can be liable for injuries if they know of a dangerous condition and fail to address it. However, it’s important to note that while landlords have primary responsibility, leases may include terms that outline tenant responsibility such as routine cleaning tasks.
What usually causes swimming pool accidents and injuries?
Some of the most common causes of swimming pool accidents include:
- Lack of supervision and safety barriers: Children are particularly at risk around swimming pools if not properly monitored by an adult. Accidents can also occur when unsupervised children gain access to the pool area.
- Slippery surfaces: Pool decks and surrounding areas can become slippery when wet. This can increase the risk of slips and falls.
- Lack of safety equipment: Pools must have appropriate safety equipment such as life rings, reaching poles and first aid kits.
- Poor pool maintenance: This can lead to hazardous conditions such as cloudy water, debris and malfunctioning equipment.
- Diving accidents: Diving into shallow water or improperly marked deep ends can result in serious head and spinal injuries.
- Electrical hazards: Faulty wiring and electrical appliances near the pool area can pose significant risks of electrocution.
Swimming pool accidents can lead to severe injuries or even fatalities. However, liability may rest with the landlord or tenant depending on the circumstances.
If you are unsure about whether you can hold your landlord responsible for your swimming pool injury, the experienced personal injury attorneys at Williams, Walsh & O’Connor, LLC,
are here to help. Contact us today for a free consultation. You can reach us by calling 203-902-7656 or completing our online form.
