Swimming pools pose a substantial risk to children and constitute the second leading cause of death for children under 14. Swimming pools are both a fun source of recreation for many children and a place of great danger including submersion and drowning accidents, diving board injuries and slip and fall accidents on wet pavement as well as injuries caused by poolside apparatus. Property owners that have a swimming pool are held to a very high standard to protect children from drowning accidents and other hazards presented by swimming pools. Approximately a thousand children per year drown in swimming pool accidents and another five thousand children are hospitalized.
Residential property owners are expected to take precautions to prevent swimming pool accidents. The Consumer Product Safety Commission (CPSC) recommends multiple layers of precautions including vigilance in the supervision of children, installation of a fence that is both self-closing and self-latching as well as having emergency equipment available, such as keeping rescue equipment by the pool along with a phone so that 911 can be called in an emergency.
Swimming pools pose such a unique danger to children that homeowners may be liable for injury to children who trespass and use a homeowner’s pool without the consent of the property owner. The Attractive Nuisance Doctrine provides that a property owner may be liable to a trespassing child who is injured by an artificial condition on property that would tend to be attractive to a child who may not have the maturity to appreciate the risk. The Attractive Nuisance Doctrine is based on the following conditions:
- A property owner knows or has reason to know children are likely to trespass on one’s property.
- The property owner understands the risk that a swimming pool poses to children
- The child lacks the maturity to understand the danger associated with a swimming pool.
- The costs and difficulty to eliminate the risk is slight in relation to the risk.
- The property owner fails to take reasonable care to eliminate the danger.
A swimming pool accident can result in serious injuries like fatal drowning, brain damage and other catastrophic and life-altering injuries. It is important to be extremely diligent when your child is swimming or playing in the vicinity of a swimming pool. If your child is injured in a swimming pool accident, our experienced accident injury attorneys may be able to help you seek the compensation you need to compensate you for your injuries. We invite you to contact Barrett Law so that we can evaluate your Mississippi pool or spa accident claim and advise you of your rights and options. Call us at 662-834-2376.
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