Does Your Pool Meet Louisiana’s Legal Requirements?

Louisiana adopted the International Pool and Spa Code, which details guidelines and rules for safe public and private pools.

In Louisiana, every public pool should have a Secchi disk for night swimming, a 12-foot rescue pole, an 18-inch life ring, a shepherd’s crook, a throw line, accurate depth markers, rope and float lines, and a first aid kit. Additionally, there should be signs for lifeguards, such as signage that says ‘warning no lifeguard on duty.’ There should also be emergency phone numbers posted and signage that establishes clear rules for the safe usage of the public pool. All public pool drains must be unblockable and covered in accordance with proper laws.

As of 2015, every residential pool must meet the following requirements:

  • An in-ground pool must be enclosed in a fence (some above-ground pools also require fencing).
  • Outdoor hot tubs and spas must have a fence or cover.
  • The fencing must be at least four feet high (and any fence taller than that must have an adequate permit).
  • Any object that might help a child climb the fence to reach a pool or hot tub must be kept away from the fence.
  • The pool must have a cover. If the pool does not have a cover, any door or window from the home that leads directly into the pool must have an alarm.
  • All pool gates must be self-latching and self-closing.

What Are Common Causes of Swimming Pool Accidents?

Swimming pool owners bear a certain responsibility for keeping their premises safe for visitors and preventing trespassers from accessing the pool when it is not in active use. Swimming pools are a great source of recreation, fitness, and relaxation, but they are dangerous and can result in serious injuries and even death.

Common causes of swimming pool accidents in Louisiana include the following:

  • Inadequate fencing around the swimming pool.
  • No locks or alarms at swimming pool entrances.
  • The lack of a protective cover for a swimming pool or hot tub when not in use.
  • Inadequate safety equipment, such as a lack of life preservers or flotation devices.
  • No lifeguard supervision.
  • Drowning or near drowning.
  • Slide accident injuries.
  • Diving injuries.
  • Slip and fall accidents.
  • Electrocution.
  • Chemical burns.
  • Bacterial infections.

Who is Liable for Pool Accident Injuries and Drownings?

Pool owners may be held liable for personal injury damages under both premises liability law and attractive nuisance law. If you own a pool, you have the duty of care to provide safe premises to anyone entering your property and using the pool. You must take precautions for both your social guests and any potential trespassers who may seek to enjoy the pool. Pool owners who have not maintained a clean pool, have slippery surfaces on the pool deck, or have improper signage regarding the risks of the pool may be held liable for injuries or death.

Insurance companies are strict about pools and legal liability, regardless of whether the pool is public or private. It is recommended that homeowners get insurance that covers medical bills or death suffered by someone at their pool. It is worth noting that simply owning a pool is likely to raise your insurance rates.

Property owners have a duty of care to anyone on their property. The level of duty owed to each individual is based on that individual’s status as a guest or trespasser. That level of duty also affects the property owner’s potential liability risks. For example, pool owners owe the highest level of care to those they have invited to their property.

What is Premises Liability Law?

Premises liability is a concept of Louisiana personal injury law. Personal injury laws allow injured parties and the representatives of the deceased to pursue compensation if they can place fault on the shoulders of an at-fault liable party. Premises liability cases depend on whether the property owner acted negligently in their responsibility to provide safe environments and protect visitors from dangerous conditions. The most common type of premises liability case is a trip-and-fall or slip-and-fall accident case.

What Are Attractive Nuisance Laws?

Attractive nuisance is a subcategory of premises liability law. In an attractive nuisance case, the injured party argues that the property owner failed to protect potential trespassers from entering the property and being injured there. Attractive nuisance cases often involve children trespassing on property with the excitement of exploration. Pools, trampolines, wells, tunnels, and rooftops are examples of attractive nuisances.

To prove an attractive nuisance case, the injured party (the plaintiff) must prove that the property contained a dangerous condition, that that condition was reasonably attractive to trespassers (especially children), that children or trespassers could not properly assess the severity of the danger they were in, that the property and dangerous condition were easily accessible to trespassers, and that the property owner reasonably should have known about the dangerous conditions and prevented harm from befalling trespassers.

Are Residential Pool Owners Held Legally Responsible if a Trespassing Child is Harmed in Their Pools?

In many circumstances, pool owners can be held legally responsible for injuries and deaths suffered by a trespassing child. While many trespassers will be liable for any injuries based on the circumstances of their intrusion onto private property, Louisiana law views young children differently. As minor children cannot think critically and reason right and wrong the same way that adults can, state law allows them additional protections.

Schedule a Free Case Review with Our Law Firm Today

Babcock Injury Lawyers is a personal injury law firm With Law Offices located in Baton Rouge and Ruston, Louisiana. We have years of experience handling complex personal injury claims, including those involving swimming pool accident injuries. To discuss your case in more detail, don’t hesitate to get in touch with our law firm to schedule your free initial consultation today. You may reach us at 225-240-4053.