Homeowner’s Guide to Pool Liability in Alabama

Summer brings sunny days and soaring temperatures, and swimming is a reliable means to beat the heat.  Swimming is fun, relaxing, and provides a low-impact workout.  Likewise, owning a pool is a surefire way to maximize summer fun.

You probably already know that pool ownership usually makes the owner an automatic host for summer parties.  However, some laws and liabilities come with pool ownership. 

Pools & Your Liability

If you own a pool or are thinking of installing one in Alabama, here is some information you need to know about swimming pool liability. 

Legal term to know: Liability

What It Means:

Liability is the state of being accountable for something, especially by law. If you want to avoid being held liable for swimming pool accidents occurring on your property, there are precautions you must implement. 

Legal Term to Know: attractive nuisance

What It Means:

An attractive nuisance is an artificial condition that is potentially dangerous and could “attract” children to your property.  Residential swimming pools top the list of attractive nuisances. 

Alabama law rightfully places considerable value on the safety of children.  So, it is up to the owner to ensure sufficient measures are taken to keep unsupervised children and trespassers out of their pools.

It is important to note that in Alabama, a property owner has minimal obligation to teenage and adult trespassers. Typically, the only obligation is that property owners do not set traps or intentionally injure anyone who is on their property without permission. 

3 Ways to Reduce Your Liability with Pools

There are actions you as a pool owner can take to reduce your liability if you have a pool in your yard including:

  • Fencing
  • Posting signs
  • Give proper information

#1- Install Fencing

Fencing or other restricting barriers is particularly important because they keep small children from gaining easy access to the pool. 

The more difficult you make if for wandering children or uninvited guest to enter your property, the better it will be for everyone. 

#2 – Post Signs

Signs should be posted around or inside the pool to detail the depth of the water and whether diving is permitted. This sign notification is an important way to prevent injuries or death. 

If the pool is not deep enough and someone dives in and hurts themselves, you can be held liable if signs are not posted in the pool area to warn against diving. 

#3 – Proper Warnings

Premises liability laws say that you have to warn others who use your pool of any hidden structures, damage to pool ladders, or other dangers that may not be apparent to the average person.

Owning a pool is a huge responsibility.  That’s why informing guests of potential hazards, maintaining the upkeep of the pool, and ensuring small children are not able to access the pool unsupervised are of the utmost importance. 

If you have questions regarding injuries sustained due to negligence or hazardous conditions at a residential pool, please contact the personal injury attorneys at Timberlake & League to schedule a FREE consultation. We can help.