As summer approaches, the allure of poolside relaxation draws families and friends to the refreshing waters of swimming pools. However, amidst the fun and splashes, there is a sobering reality: pool-related accidents and injuries. In Louisiana, like in most states, understanding liability in such incidents is crucial for both pool owners and pool visitors. Let us delve into the legal landscape surrounding pool injuries in the Pelican State.
Swimming Pool Liability
Louisiana law creates an obligation to maintain safe premises for visitors. This obligation includes both residential and commercial swimming pool owners throughout the state, including resort cities like New Orleans, Lake Charles, and Shreveport. Under premises liability law, if a pool owner fails to uphold reasonable safety standards and injury results, a court may hold the owner and their insurance company liable by a court of law for those injuries.
Pool Owner’s Duty of Care
Swimming Pool owners owe a duty of care to those who use their pool or are otherwise lawfully on their property. This includes pools owned by hotels, country clubs, and resorts. This duty involves taking reasonable steps to prevent foreseeable harm. This could mean ensuring the following:
- Secure fencing
- Posting warning signs about shallow areas or slippery surfaces
- Protecting against dangerous drains and pumps
- Maintaining proper chlorine levels
- Providing supervision where necessary, especially in the case of public or commercial pools
For example, the Louisiana Administrative Code requires a fence at least 4-feet tall and cannot be climbable, with no potential foot holds on the exterior that a child could utilize. Louisiana law also requires the fence entry to be self-closing and self-latching. Moreover, it requires pool owners to place a latch higher than three feet, unreachable by small children.
Who’s at Fault for a Pool Injury?
Louisiana follows a comparative fault system, which means that if a jury finds the injured party to have contributed to their own injury, the court will proportionately reduce their compensation. For instance, if someone dives into a shallow end of the pool with inadequate or no warning signs, a jury might find them partially at fault for their injuries. This means the pool owner and the injured party may share liability for swimming pool injuries.
Attractive Nuisance Doctrine
The attractive nuisance doctrine imposes a higher duty of care on property owners when it comes to protecting children from harm. This is particularly relevant to pools, as they are often attractive to children but can pose significant risks if not properly secured. Even if a child trespasses onto the property, the pool owner may still be liable if they fail to take reasonable steps to prevent access to the pool. This is why Louisiana provides rules to fence and secure swimming pools to protect against entry by minors who are vulnerable to pool injuries.
Insurance for Swimming Pool Injuries
For pool owners, having adequate insurance coverage is essential. Homeowner’s insurance typically includes liability coverage, which can help protect against legal claims arising from pool-related injuries. Umbrella insurance coverage may also provide protection against large liabilities like an injury causing paraplegia. In sum, it is crucial for swimming pool owners to review policy limits and exclusions to ensure sufficient coverage to protect against pool liability.
Seeking Legal Advice
In the unfortunate event of a pool-related injury, we advise seeking legal advice. An experienced attorney can assess the circumstances surrounding the incident, determine liability, and guide the injured party through the legal process.
Conclusion
In conclusion, enjoying the pleasures of a pool in Louisiana comes with responsibilities for both owners and visitors. Hotels and resorts have heightened duties to protect their guests. Understanding liability and taking appropriate precautions can help prevent accidents causing severe injury or death.
