Preserving Relationships While Pursuing Justice: Navigating Homeowner’s Liability in Private Pool Accidents

Every year, thousands of people are injured while using swimming pools. They range from minor to permanently disabling and fatal. If you or your child is hurt at a friend’s, neighbor’s, or family member’s pool, you may wonder: “Can I ask them to pay for this?” Their homeowner’s insurance policy will likely cover a claim, so you’re not taking money from someone you know.

Satterley & Kelley, PLLC helps those injured by negligence pursue the compensation they deserve for what they’ve suffered. If you or a family member is injured or killed at a swimming pool, contact us at (855) 385-9532 so we can discuss what happened and how we can help.

Should I Get Involved with a Legal Action Involving Someone I Know?

We’ve handled many cases where the parties know each other. It’s not uncommon for someone injured in a vehicle accident to be a passenger in a car or truck driven by someone they know who caused the accident.

Unless you have a pool, you’re at a town-owned pool, or using one at a resort or hotel, you and your family are using a pool owned by someone you know. Most of us don’t swim in strangers’ pools without their permission (though it happens).

Only about 13% of those owning homes in the US lack homeowner’s insurance coverage, according to NBC News. That figure may be lower if they also own a pool, given the potential for injuries and legal actions. About 20% of homeowners also have “umbrella” coverage providing additional liability protection, reports Inside Insurance.

Progressive Insurance states that personal liability coverage on a homeowner’s policy may cover medical and legal bills if a non-household member is injured in or around a pool. The insurance company, not the pool owner, pays the bills and compensation.

You may be reluctant to get attorneys involved after an injury that a friend, neighbor, or family member caused. This makes more sense if the injury is minor, but if it’s severe or life-changing, you could be stuck with substantial financial losses if you don’t seek compensation.

The pool owner likely has a homeowner’s insurance policy that covers the injury. You’re simply seeking the coverage that your friend, family member, or neighbor paid for. This is true whether the injury happened to a child or an adult, or if the homeowner was not home at the time.

What Does Homeowner’s Insurance Cover?

Most homeowner’s insurance policies cover swimming pool injuries in two ways:

• They pay for basic medical bills. The limit is usually between $1,000 and $5,000, according to Bankrate.
• Personal liability coverage offers more protection. Farmers Insurance states that this coverage can pay if the injury occurred in or around the pool and the homeowner may be found legally responsible. This may include medical bills, lost wages, and attorney fees if a lawsuit is filed

If the pool owner has insurance, a claim, depending on the facts, is likely to be paid.

When Will the Insurance Company Pay?

Insurance companies do not pay every claim, but there are circumstances when coverage is more likely, including the following:

• A guest, not a household member, is injured, according to Progressive Insurance. They state that liability coverage applies to “non-household members” injured at the pool
• The homeowner is found legally responsible. Farmers Insurance states liability coverage applies when the homeowner is “found legally responsible” for the injury. This may mean evidence that the homeowner was negligent when they failed to maintain a safe pool area
• An uninvited guest may be covered. California Casualty states liability coverage “potentially covers any invited guests or even uninvited strangers.” If your child wanders into an unsecured pool, this may fall into the “attractive nuisance” doctrine (explained below). This doctrine, according to Bankrate, imposes a higher level of responsibility on homeowners who created dangerous conditions that may attract children to their property
• A guest is injured by faulty or dangerous pool equipment, which may include electrocution by faulty electrical equipment

The key question is usually whether the homeowner was negligent in some way that led to the injury. If the pool or the area around it was unsafe and the homeowner knew it, or should have known it, a claim is more likely to be paid.

What Is an “Attractive Nuisance”?

A swimming pool can be considered an “attractive nuisance” under Kentucky law. It’s something artificial and potentially harmful that attracts children because they don’t appreciate the possible dangers. In these situations, homeowners have a duty to keep their pool safe and secure, even for uninvited children who enter the property.

How May an Insurance Company Try to Deny or Limit a Claim?

Insurance companies are in business to make money. One way they do that is by denying or limiting claims. Here are common reasons one may use:

• Higginbotham Insurance states that homeowners may need to list the pool on their policy for coverage to exist. If the pool was never disclosed to the insurer, the claim could be denied
• Many insurers require a fence around the pool. According to Insurance.com, pools must comply with local regulations, such as having a fence. If they don’t, the insurer may claim the policyholder violated its terms
• Some insurers won’t cover injuries from slides and diving boards because of the high risk of injuries, according to Openly Insurance
• The insurance company may argue that the injured person was careless, took a risk, or was not paying attention. Under Kentucky law, if the injured party is partly to blame for the accident, their share of culpability is deducted from the recovery
• Claims are subject to policy limits, which cap what the company is obligated to pay. That may come into play if the damages are substantial, which may be the case if brain damage, paralysis, or death resulted from the accident
• The insurer may claim the homeowner did what they needed to do, and they weren’t negligent, so there’s no coverage

Insurance companies, and we investigate pool accidents. Their defenses will vary on the situation and the facts as they see them.

We Can Help

Satterley & Kelley, PLLC attorneys represent those injured in accidents seeking compensation. A critical part of our work is effectively negotiating fair settlements with insurance companies. Most of our cases don’t go to trial, but we’ll be ready to go if your case doesn’t settle.

If you or your child is injured at a swimming pool, we want to hear your story. We will explain your rights, deal with the insurance company on your behalf, and fight to get you the money you deserve.

The consultation is free. You pay nothing unless we win.  

Call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online to get your case started.