Whether the pool is dug in or above ground, the homeowner has a responsibility to maintain it and keep it safe for everyone who swims.
What you might not know is that a homeowner with a pool is also responsible for keeping that pool safe for anyone they might not directly invite to go for a swim. Failure to do so can lead to tragic consequences. That is why every homeowner needs to know all about swimming pool safety and liability for Mississippi homeowners.
Mississippi Premises Liability Laws for Pool Owners
Whether you built your backyard pool or “inherited” it from the previous owner, you have a duty of care to take responsible steps to prevent a foreseeable accident in and around that pool. That means maintaining a safe deck that can prevent slip and fall accidents when getting in or out of the pool.
It also means ensuring that your pool equipment is in proper working condition.
Under liability laws, there are classifications for visitors that apply to property owners. People who come onto your property will fall into one of the following categories:
Invitee
An invitee is someone who comes onto a property for the express purpose of conducting a business transaction. A customer in a store or restaurant is considered an invitee. So would a hotel guest staying at the hotel and possibly using the hotel’s swimming pool?
The owner owes invitees the highest level of care in maintaining the pool (if there is one).
Licensee
A licensee is a guest. This would be someone you might invite over to your home for a pool party. Your duty of care to a licensee is to warn them of any known dangers. For instance, if the area around your pool becomes slippery when wet, you can tell your guests to be extra cautious.
Trespasser
A trespasser is someone who does not have permission to be on your property. You can not intentionally harm them. However, if they sneak into your backyard at night and hurt themselves in your pool, you probably can’t be held liable for their injuries.
These classifications are applied to any premises liability claim to determine whether you owed the person a duty of care. However, with a swimming pool, there is an exception: the Attractive Nuisance Doctrine.
The Attractive Nuisance Doctrine and Child Safety
The attractive nuisance doctrine holds property owners liable for injuries to trespassing children who are injured on their property. This would not only apply to a child falling into a swimming pool but also to injuries from things like trampolines and from abandoned appliances, such as fridges or washing machines.
A property owner can be held liable under the following conditions:
- They know or should know that children are likely to trespass on their property.
- The condition poses an unreasonable risk of serious harm.
- Children do not recognize the risk due to their age.
- The burden of fixing the condition is minor compared to the risk.
- They fail to take reasonable care to eliminate the danger.
The bottom line is this: if you own a swimming pool, you have to consider the possibility that kids in the neighborhood might sneak in. As the pool owner, you are responsible for keeping the pool safe.
Essential Safety Equipment and Barrier Requirements
It is in any child’s best interests to ensure your swimming pool is safe. It is also part of Mississippi law.
These are the barrier requirements for residential swimming pool owners:
- Height: The barrier must be a minimum of 4 feet (48 inches) high.
- Ground Clearance: Maximum vertical clearance from the ground to the bottom of the barrier is 2–4 inches.
- Openings: No gaps or openings should exceed 4 inches in diameter.
- Structure: No indentations or protrusions that act as handholds or footholds for climbing.
- Gates: Must be self-closing and self-latching, opening outward from the pool.
- Location: Barriers should be placed to prevent direct access to the water.
You can take extra precautions by adding a securely fastened pool cover. You might also want to consider adding safety features, such as motion-sensor lights and alarms.
Homeowner Negligence Vs. Comparative Fault
Mississippi follows the pure comparative negligence policy for personal injury claims.
This means that you can recover damages even if you are found to be partially responsible for the accident. How would that apply to a swimming pool accident?
If it can be established that the homeowner was negligent, it means the homeowner failed to maintain a safe environment around the pool and did not comply with the legal requirements for gates or barriers.
Comparative fault may apply if it can be established that the child was aware of the risks.
For instance, if a pool was surrounded by a gate, the child opened the gate, entered the pool area, and got hurt, a case could be made that they were partially at fault.
How Pittman, Roberts & Welsh, PLLC Advocates for Pool Accident Victims
When it comes to swimming pool accidents, there is a fine line between personal responsibility and a pool owner’s responsibility. Owning a pool means assuming a certain amount of risk not only for the family but also for the neighbors at large.
When a child wanders into an unsecured backyard and is hurt in a swimming pool, the law allows for the blame to shift to the pool owner. The compassionate Jackson premises liability attorneys at Pittman, Roberts & Welsh, PLLC, understand this all too well.
If someone in your family has been hurt or accidentally drowned in a swimming pool, the loss can be overwhelming. No amount of money can make up for that tragedy, but it can help you find a small measure of comfort.
If we agree to work together to pursue a remedy, we’ll provide you with all the guidance you need to make the right decision about moving forward. Often, a homeowner’s insurance policy will cover these types of liability. However, if we can’t reach a satisfactory resolution, the option to file a civil lawsuit will always remain on the table.
First, we need to determine what happened and whether there is a clear case of negligence. Call to schedule a free consultation today and get the answers you need to move forward.
