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Are You Liable If Someone Drowns In Your Pool?

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Are You Liable If Someone Drowns In Your Pool?

While never a pleasant scenario to imagine, if you own a swimming pool the question inevitably will come up at some point; what happens if someone drowns in the pool? Knowing what your liability is as a homeowner and the facts regarding this issue may answer several important questions. Namely, are you financially covered in the event of an accidental death?

Public & Private Pool Liability

In public pools and privately run pools, the pool owner or operator is liable for the safety of swimmers. Examples of negligent behavior can include failing to ensure proper operation of equipment and following basic safety guidelines. Owners and operators may also be liable for failing to properly staff and train lifeguards.

Slip & Fall Injuries

Injuries such as slip and falls that occur on premises may also constitute negligence on the part of the pool owner if a court determines they were at fault and failed to maintain the facilities. Even to the extent of providing adequate signage that directs people not to run or engage in horseplay around the pool area.

Homeowner Liability

Residential pool owners may also be liable in the event of an injury or unforeseen tragedy such as an accidental drowning. A lawyer would argue that the responsibility to address any potential safety hazards in and around the pool lies with the homeowner.

Recommended Guidelines

The National Safety Council (NSC) has set guidelines for mitigating the risk of drowning. Some of those recommended safety measures include:

  • Having an adult supervising the pool area at all times when young children or inexperienced swimmers are present.
  • Keeping children and other vulnerable people out of areas of the pool where suction devices are present.
  • Keeping emergency supplies such as a first-aid kits on hand and easily accessible.
  • Hiring a designated lifeguard for any event hosting a large number of people in the pool.
  • Assuring that at least one CPR-trained person is present when necessary.
  • Preventing persons who have consumed alcohol from swimming.
  • Preventing swimmers from diving and dangerously engaging in horseplay with one another.

Many states also have laws regarding fences, gates, and barriers that must be in place around the pool area. Failure to install this required equipment in accordance with the state mandate could constitute negligence on the part of the homeowner and leave them liable for damages.

Who Else May Be Liable For Damages?

While the laws of each state differ, trade professionals such as pool service technicians and even pool builders may be liable in the event of an injury or accidental death. In some instances, pool equipment suppliers and manufacturers may even be held liable for damages.

Examples of Potential Liability

One scenario would be if there was a recall on an installed piece of equipment sold after the recall date, or if electrical was improperly bonded in the swimming pool by the contractor. The potential for liability increases for those responsible for maintaining and sanitizing the swimming pools under their management.

What Pool Owners Need To Do To Protect Themselves

If you’re building a swimming pool, liability insurance is a must, according to insurance experts. While most homeowners carry a minimum of $100,000 in liability coverage, some policies don’t cover swimming pools. An accident could potentially leave you with liability for damages that exceed your minimum coverage.

Most insurance experts would advise purchasing an additional $1 million in liability coverage if you are building a pool.
Most insurance experts would advise purchasing an additional $1 million in liability coverage if you are building a pool.

Additional Liability Coverage

Many homeowners opt to purchase additional liability coverage to protect themselves in the unlikely event a lawsuit arises. While some umbrella liability coverage plans extend to the pool, some don’t. In certain cases homeowners may opt to purchase an additional $1 million in coverage which may cover slip & falls, injuries, and even drowning.

This type of safety net provides the peace of mind that in the event of an accident there is adequate insurance coverage for any potential lawsuits which may arise.

Do Homeowners Need To Inform Their Insurance Company They’re Building a Pool?

The short answer is “yes”. Many homeowners may find that it’s advisable to give their insurance agent a call before building a pool. Finding out how much coverage you have, what your homeowners policy covers, and where any potential gaps may be is always a smart idea before you embark upon a pool construction project.

Swimming pools in general are considered detached structures much like a shed. As such, typically they are not covered under a general homeowners policy unless it’s been specifically added.

Building a Swimming Pool Could Raise Your Insurance

One unforeseen cost of building a pool regards insurance. Some consumers may find that their current homeowners policy does not cover a swimming pool. Experts would say that it’s prudent to ask whether building a pool will raise the monthly premium price.

Be Prepared To Pay More For a Diving Board

Insurance professionals advise that building a swimming pool which incorporates a feature such as a jump rock or diving board can also raise rates or potentially prohibit your insurer from extending liability coverage on the pool entirely.

Rental Property Owners

It’s advised that homeowners who rent out their property or swimming pool get additional liability coverage. In most instances, a standard homeowners policy does not cover rental situations. Popular rental platforms like VRBO, Airbnb and Swimply offer up to an additional $1 million in coverage, but purchasing your own independent additional coverage may ultimately be the best protection for those who are renting out their backyard.

What Happens If Someone Drowns And You Get Sued?

All new pools in California must meet the requirements of the Swimming Pool Safety Act, which are outlined in sections 115920-115929 of the California Health and Safety Code. Among other things, the Act requires access gates in residential swimming pool enclosures to be at least 60 inches long, self-closing, and have a self-latching device no lower than 60 inches above the ground.

One Famous Pool Liability Case

Former Mötley Crüe drummer Tommy Lee and his wife, actress Pamela Anderson, were sued for $10 million in 2001 after a four-year-old child drowned in their swimming pool during a birthday party. The toddler had been left unaccompanied “for a minute,” according to Lee. Although a jury finally found that Lee and Anderson were not negligent, the couple was still subjected to much agony as well as significant legal expenditures.

There is no better substitute for having a responsible adult supervising young children in the pool.
There is no better substitute for having a responsible adult supervising young children in the pool.

Best Advice To Prevent Liability:

  • Allow guests to enter the pool only if they are supervised by a responsible adult.
  • Do not leave floats and toys in the pool that may attract small children.
  • When adult guests come to visit, make sure they’re responsible for supervising their children.
  • Do not let intoxicated adult guests or their children swim in the pool.
  • Consider leaving a diving board out of your pool plan.
  • Maintain a homeowner’s insurance policy with at least $1,000,000 in liability coverage for swimming pool injuries.
  • Surround the pool with the appropriate size pool fence.
  • Install gates that are self-latching and are at least 60 inches high.
  • When not in use, the pool should ideally be securely covered.
  • Make certain that everyone in the house knows how to swim.
  • Pool owners should be familiar with basic first aid and life-saving skills.
  • Keep enough pool safety equipment (not only flotation devices) around the pool.
  • Consider adding a pool alarm to notify you when the water’s surface is interrupted.
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Pool News coverage brought to you by Pool Magazine's own Marcus Packer. Marcus Packer is a 20 year pool industry veteran pool builder and pool service technician. In addition to being a swimming pool professional, Marcus has been a writer and long time contributor for Newsweek Magazine's home improvement section and more recently for Florida Travel + Life. Have a story idea or tip you'd like to share with Pool Magazine? Email [email protected] your story idea.

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The Indoor Ocean Where The US Navy Tests Its Ships

Take an insiders tour of the Indoor Ocean where the US Navy tests its ships.

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One of the world’s largest wave pools sits at the United States Naval Surface Warfare Center. They use the facility to create waves of specific sizes, frequencies, and amplitudes. Since 1962, the US Navy has tested all of its ships, platforms, and moored systems in realistic sea conditions at the Indoor Ocean in NSWC Carderock.

Approximately 240′ x 360′, the enormous basin is 20 feet deep and holds 12 million gallons of water. In addition, it also once held the record for having the world’s largest dome.

Indoor Ocean Used To Predict Ship Performance

The Navy uses the facility to predict how their full-scale ships will perform in the open ocean by testing their stability and control in a vessel that simulates real-world wave conditions. The maneuvering and seakeeping basin, also nicknamed (MASK) is where the US Navy tests its fleet. Built in 1962, and renovated in 2013.

The Indoor Ocean received an upgrade from 21 slow and inefficient pneumatic domes to 216 paddles. Consequently, today, operators have better and more independent control. With 99 percent precision, the results produced at the renovated facility provide far more realistic conditions than its predecessor.

NSWC Carderock is one of eight Naval Sea Systems Command Surface Warfare Centers. Credit: DOD

Engineers at the facility evaluate operability, ship motions, and efficiency. MASK researchers can then use this information to fine-tune a new vessel’s design to maximize its chances of achieving the desired level of performance. Testing also aids in establishing operational guidelines for the crew and ensuring the correct configuration of the ship.

The US Navy uses the Indoor Ocean facility at NSWC Carderock to conduct tests for the design of its fleet. Credit: DOD

“There are many different kinds of waves,” Calvin Krishen, NSWC engineer, said in a YouTube video uploaded by the Department of Defense. “Waves are different in different parts of the world and they are different depending if you are close to shore, or away from shore or whether you’re in a storm or not. We actually have the capability of programming all those different types of waves to test.”

Conducting Testing & Analysis To Create Better Ships

Engineers perform rigorous tests and manufacture vessels to a smaller scale in order to see how they will perform out on the open ocean. Based on the analysis conducted at NSWC Carderock, ship designers can make necessary adjustments to improve performance in real-world conditions.

Ship designers can make any necessary adjustments based off analysis conducted during wave simulations. Credit: DOD

How This Enormous Wave Pool Works

The machine that operates the wave pool consists of a paddle system that lines two walls of the pool. The system consists of 216 individual wavemakers capable of producing waves of varying sizes from -45 degrees to 135 degrees.

The paddle system is programmed for choreographed movement. It creates reproducible, perfect-sized, perfect-frequency waves. Force transducers create air bellows that go across the pool at specific angular motions. The motion is akin to fingers moving across the keys of a piano.

A series of choreographed bellows control the paddle system that creates the waves. Credit: Vertasium

There are wave pools located all over the world but what makes the Indoor Ocean unique is its ability to create reproducible waves of specific amplitude and frequency. Wave conditions vary in different parts of the world. MASK, however, is capable of mimicking the same conditions that exist during various times of the year in any location across the globe.

Paddles are programmed to create repeatable waves of specific frequency. Credit: Veritasium

Why The Need To Upgrade?

The old pneumatic-powered wave system used antiquated technology. The Navy requires a facility capable of performing the rigorous testing demanded by engineers. In the past, the testing team sometimes had to relocate their models to the actual ocean and study the weather in order to recreate the perfect wave conditions.

Today, designers create models as large as 30 feet in length. Operators submerge them in MASK’s turbulent waters to simulate their future working conditions.

Data analysts conduct tests to see how ships will perform at sea. Image Credit: Licet Studios

Precise computer controls may be the most useful part of the new high-tech system. Testers can design a certain marine environment and tell the computer how to achieve it. Operators program a 3D model of the exact waveform they want to simulate.

“We can nail, at scale, the conditions all over the world,” said Jon Etxegoien, Head of Naval Architecture & Engineering, “So it’s not just that we can do some kind of rogue sea states, we can actually do the kind of seas they can expect in the North Atlantic, the South Pacific, littoral areas, that sort of thing. So that’s what gives us a real leg up. It’s not just some generic sea condition, but the specifics of where they’re going to be operating.”

Take a Tour Inside Where The US Navy Tests Its Ships

Does it shock and awe us that the United States military owns the best wave pool in the world? Not really. However, it does fill us with enormous pride to know that dedicated professionals perform the highest level of testing and analysis for the vessels that comprise our naval fleet.

Featured Photo Credit: Department of Defense

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China Claims Title For World’s Highest Outdoor Swimming Pool

New business tower in China has a pool with breathtaking views from the 71st floor.

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China Claims The Title For World's Highest Outdoor Swimming Pool

The title of the World’s Highest Outdoor Swimming Pool now goes to China. Construction of a new 1,322-foot-tall tower by Chicago-based architects Goettsch Partners is now complete in Nanning, China. The tower’s crowning feature is an outdoor swimming pool that, according to the architects, is the highest in the world.

Title for Highest Outdoor Pool Goes To China

The hotel’s pool on the 71st-floor terrace is 1,060 feet above the ground, making it the highest in the world. Previously, the 57th-floor infinity pool at Moshe Safdie’s Marina Bay Sands held the title.

Guangxi China Resources Tower claims the title for the world's highest outdoor swimming pool.
Guangxi China Resources Tower claims the title for the world’s highest outdoor swimming pool.

The Guangxi China Resources Tower, at over 2.93 million square feet, is the 18th tallest building in China and the 37th tallest building in the world. It is a mixed-use design that includes a hotel, office spaces, and retail.

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More than 60% of the 86-story structure’s lettable space, or 272,000 square meters, will be occupied by offices. Approximately 6,000 square meters of retail space and a Shangri-La Nanning hotel with 336 rooms are also planned.

“The building is a symbol of rising prosperity for the city,” notes James Zheng, AIA, LEED AP, CEO and president of GP. “It further sets a world-class standard for quality that is meant to endure.”

The tower, developed by Shenzhen-based China Resources Land, will serve as the focal point of a brand-new 90-hectare urban quarter in Nanning. The podium and basement of the building are linked to the structures around it.

The hotel's infinity pool sits on the 71st floor of the massive sky scraper.
The hotel’s pool sits on the 71st floor of the massive skyscraper in Nanning, China.

Beginning in 2014, the building process will be completed by the end of 2020 (November). The company claims that the building is completely occupied and functional now that the interior fit-out is complete.

One of a Kind Panoramic Views

The hotel emerges atop the office volume, drastically altering the building’s profile. The lower volume is capped by a monumental terrace at Level 71, which serves as a one-of-a-kind outdoor sky space where guests can swim in the hotel’s pool. From sunrise to sunset, the sweeping 180-degree panorama offers unparalleled views of the surrounding lakes, parks, and mountains.

The tower is an essential part of a larger mixed-use development, and its design to LEED Gold standards places an emphasis on sustainable sites and energy optimization. The podium and basement levels of the various buildings work together to form a seamless network that is optimized for the greater master-planned development. Sunshades on the building’s exterior, combined with a high-performance façade enclosure system, allow for abundant natural light and breathtaking vistas to penetrate every level while significantly cutting down on energy consumption.

Mechanical systems have been developed to maximize the efficiency of operation, reduce energy and water use while increasing comfort levels inside the building. The highest quality materials are used throughout the structure to emphasize longevity and durability and lessen the building’s future impact on the local environment.

“The tower is a sustainable response to its urban context,” sayid Travis Soberg, AIA, LEED AP, in a press release. “The building integrates conservation methods throughout the design that reinforce our commitment to environmental responsibility.”

Photo Credits: Goettsch Partners

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Las Vegas Losing Classic Fire & Water Feature – Mirage Volcano Set to Close

Hard Rock confirms iconic Las Vegas fire feature, Mirage Volcano will close.

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Las Vegas Losing Classic Fire & Water Feature - Mirage Volcano Set to Close

The Mirage’s fiery volcano, which has been erupting regularly on the Las Vegas Strip for over 30 years, will soon cease activity forever.

Since MGM Resorts International sold the property to Hard Rock International last year, the resort has been undergoing a rebranding process, and the resort’s iconic volcano will not play a role in the new resort plan.

The time of the final eruption for the Mirage Volcano is unknown, and neither Hard Rock nor MGM officials would confirm exactly when the volcano would be dismantled. They plan to build another one of Hard Rocks guitar-shaped hotels in the space.

About The Mirage Volcano

When the resort opened on November 22, 1989, the volcano quickly became a fan favorite. A modeled three-acre paradise resembling the South Seas is routinely jolted awake by the ominous rumbles of the Mirage Volcano throughout the night. Rapid movement of water along with creative lighting resembles lava.

Exciting flames shoot over 60 feet into the air. If you’ve ever watched the show from the street, you can literally feel the searing heat. With music composed by Grateful Dead drummer Mickey Hart and tabla virtuoso Zakir Hussain, more than 150 Fireshooters, developed by WET Design (who also created the Fountains of Bellagio), propel fireballs in a dramatic choreographed display.

The volcano was one of the first free attractions paving the way for others like the pirate battle at Treasure Island, the light shows and concerts at the Fremont Street Experience, and the Bellagio fountains.

From 8 p.m. until 11 p.m., the volcano at the Mirage continues its hourly eruptions. We took the opportunity to see this fiery spectacle, perhaps for the last time, while exhibiting at the PSP Deck Expo recently. The street was packed with onlookers watching the show on the street.

Elaine Wynn, who was married to casino magnate Steve Wynn at the time, first came up with the idea for the volcano as a great way to differentiate the Mirage from the competition.

In recent years, however, Las Vegas has been shifting away from a transparently thematic approach with its newest resorts, including the Cosmopolitan (2010), Circa (2020), and Resorts World (2021), and its reliance on free attractions and loss leaders, such as buffets and poker rooms, to bring in the bustling crowds.

Las Vegas Residents Eager To Keep Attraction

There has been a running sentiment amongst casino insiders that free attractions such as the Mirage Volcano have turned into a drain on profits. In light of the news that the Volcano is slated to be removed, many Las Vegas residents have expressed they do not want to see the attraction go.

“When I heard the news, I remember just wondering why this was going to happen,” Alden Gillespy, a longtime resident of Las Vegas and critic of removing the volcano, told the Las Vegas Sun. “The fact that they were going to tear down the volcano, that hit me personally.”

Every time it goes off, the Volcano in Las Vegas draws in hundreds of people, both young and old, to the Strip. The idea of tearing it down has been met with pushback. A group of passionate residents in Las Vegas has banded together to compel Hard Rock International and the city government to stop the new owner from demolishing what they say is a historic landmark. A petition to protect the volcano has over 9,000 signatures of support.

Among those who think the volcano should be preserved is UNLV history professor Michael Green.

“We lost a lot of hotels on the Strip because of the understandable need to build better, more modern hotels,” Green told the Sun. “The volcano is a reminder of how it helped trigger the modern Las Vegas boom.”

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