On a hot summer day, there’s nothing like a dip in the pool to cool off. Unfortunately, swimming pools aren’t always a haven from the heat. Swimming pool accidents, including slips and falls, diving accidents, and drownings, are always a possibility. While commercial and public swimming pools in British Columbia must adhere to the Public Health Act’s Pool Regulation, the same cannot be said for private residential pools. Homeowners and tenants need to understand residential swimming pool regulations and the responsibilities that come with having a pool on their property to ensure occupants remain safe and they aren’t found liable for swimming pool injuries that occur on their property.
Residential Swimming Pool Regulations in BC
While there’s no province-wide law that sets out specific residential swimming pool requirements, that doesn’t mean there are no rules. Many BC municipalities have their own residential swimming pool regulations, which may include:
- Fencing and enclosure rules, such as a minimum height and self-closing, self-latching gates.
- Permit requirements for installing new pools or making significant modifications.
- Signage guidelines for posting safety warnings or depth markers.
Occupiers Liability Act and Swimming Pool Accidents
Under the Occupiers Liability Act, either the homeowners or tenants living on a property must ensure that it remains “reasonably” safe for all occupants. Swimming pools are included within this responsibility. If a swimming pool injury occurs, the homeowner or tenant could be liable if they have failed to maintain a duty of care to patrons and ensure reasonably safe conditions. To avoid any dangerous premises hazards, homeowners and tenants should be proactive about mitigating potential risks to avoid a swimming pool liability claim.
The duty of care owed to people on your property can depend on their status:
- Invited guests, such as friends and family, are owed the highest duty of care.
- Licensees, like neighbours stopping by, must also be kept reasonably safe.
- Trespassers, especially children, can still result in swimming pool liability if the pool is considered an “attractive nuisance” and the owner failed to secure it.
Common Swimming Pool Accidents
Slips and Falls
There’s no question that pool areas easily become wet. However, homeowners or tenants have the responsibility to ensure pool areas are still reasonably safe despite these conditions. If a guest slips and falls, they may have grounds for a claim. To avoid swimming pool negligence claims, homeowners or tenants should verbally warn all guests to avoid running or horseplay, install signs with pool rules, and keep the pool deck clear of tripping hazards.
Diving Accidents
Diving into pools that are too shallow can be extremely dangerous and may result in severe head, neck, or spinal injuries. Residential pool owners must make it very clear to those using their pool where diving is permitted, if allowed at all. Posting signage with diving rules and verbally warning swimmers helps protect against potential liabilities. It’s also important for homeowners and tenants to ensure diving boards and slides are safely installed in deep ends.
Drownings
Residential pool owners may be liable for drownings, fatal or not. Pool owners need to have some kind of supervision on deck or nearby so that occupants and their actions can be clearly seen. Providing floaties or life jackets for weak swimmers and having a life ring available can make all the difference between a safe day at the pool and a life-threatening accident.
Swimming Pool Insurance
Above-ground and in-ground swimming pools carry a high risk for insurers. While homeowners insurance typically includes personal injury coverage, this might not be enough to cover costs associated with a swimming pool accident. Residential pool owners should consider looking for additional swimming pool liability insurance that specifically protects their finances should a swimming pool accident or injury occur.
What to Do After a Swimming Pool Accident?
If you are involved in or witness an accident, it’s important to take quick, careful action. First, anyone injured in a pool needs to seek immediate medical care. Injuries that initially appear minor may actually be very severe. Prompt medical attention creates a clear record of the accident and ensures injuries are treated properly.
When possible and safe to do so, take photos and videos of the pool area, including the condition of the deck, water depth markers, safety equipment, and any hazards like broken tiles or missing signage. If there were witnesses, ask for their names and contact details. This evidence may be crucial in proving liability for pool owners.
You should also contact a lawyer as soon as possible following an accident. Do not admit fault or sign any documents without consulting legal advice first. A swimming pool accident lawyer can explain your rights, assess whether swimming pool negligence occurred, and guide you through the insurance or legal process to protect your best interests.
Work With a Trusted Accident and Injury Lawyer
At Stephens & Holman, we understand how devastating a swimming pool injury can be for both victims and families. Our experienced team of swimming pool accident lawyers will review your case, explain your legal options, and fight to secure the compensation you deserve. If you’ve been injured, contact us today for a free consultation.