The dog days of summer have arrived, and there’s no better way to enjoy them than in a backyard pool with friends and family. There’s something about being near a pool that immediately relaxes me.
It’s well-known that being near water has a calming effect and helps reduce stress, and actually going for a swim enhances this benefit. Swimming is also an excellent form of exercise and can provide hours of entertainment for people of all ages — all from the comfort of your own home. A pool can also improve the aesthetics of your yard.
Honestly, who doesn’t love a private oasis?
Unfortunately, despite all these benefits, injuries can happen quite quickly and unexpectedly when people are in and around pools. The most well-known types of accidents include slip and fall incidents, diving and jumping mishaps, and drownings.
It is alarming to note that, according to the World Health Organization, drowning is the third leading cause of unintentional injury death worldwide.
LEGAL RESPONSIBILITIES
While we all strive to keep our loved ones safe and prevent these accidents from happening, it’s crucial to understand legal responsibilities and know how to seek compensation if an accident occurs.
This also serves as an important reminder for pool owners to be aware of their responsibilities and the precautions that should be taken.
The bottom line is that, in Ontario, property owners with pools can be held responsible for any injuries or deaths that occur on their property. This is because of the Occupiers’ Liability Act, which imposes a legal responsibility on pool owners to keep their pool safe and to ensure the safety of anyone using their pool (and even those who might not have been invited!).
The duty to keep everyone safe extends to both the premises and the activities conducted on them. While property owners are not held to a standard of perfection, they are expected to take reasonable steps to prevent foreseeable accidents and reduce the possibility that an accident might happen.
PRECAUTIONS
There are a number of precautions that homeowners can take to help prevent unfortunate injuries and drownings:
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As a homeowner, you are required to construct a fence around your pool or your yard to enclose the pool and prevent unsupervised (or unwanted) access. This is mandated by the City of London by-laws, which specify the height and design of the fence around your pool.
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The pool deck and surrounding area should be free of obstacles, sharp objects and any tripping hazards.
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Pool decks can become slippery, so installing anti-slip products or using mats in high-risk areas is advisable.
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Signs and verbal warnings against running or “horse play” are also recommended.
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Ensure that water slides, diving boards and jumping rocks are installed in appropriate positions and with sufficient water depths, as required by the manufacturer.
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Visitors should be advised how to safely use these pool features.
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Although there is no legal requirement for a pool cover, it is a good idea to cover the water when not in use to prevent accidents and to ensure it is done so with a cover that would not trap or injure anyone who has fallen in the pool.
Supervision is crucial for everyone using your pool, especially children and inexperienced swimmers, who should be monitored with a heightened level of care and attention.
ALCOHOL CONSUMPTION
Although being poolside and enjoying a refreshing cold beverage seems to go hand in hand, serving or allowing alcohol consumption near there pool increase the risk of accidents.
Alcohol lowers inhibitions, making it more likely that someone might take risks or injure themselves. You should avoid swimming or allowing people to swim at your home while under the influence.
Last, but not least, consider taking swimming lessons or a lifesaving course if you frequently swim or host others home to swim to ensure you keep yourself — and those around you — safe.
LIABILITY COVERAGE
As a homeowner with a pool, you should be contacting your insurance company to ensure that you have adequate liability coverage in the event of an unfortunate accident.
Third-parties, such as installers or manufacturer of pool toys, swimming devices, chemicals, diving boards and ladders, could also be legally responsible if their products are defective or installed improperly. This responsibility extends to the pool installation itself and should be thoroughly investigated.
Ultimately, if you are fortunate enough to have a pool in your own yard, or be invited to use someone else’s, I hope that you have a safe and enjoyable time this summer!
Your safety and the safety of your loved ones are paramount. If you or someone you know has been injured due to unsafe pool conditions, please contact a Lerners personal injury lawyer for advice.
