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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.

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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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Cleaning and Service Equipment and Supplies

Recent Leslie’s/Harris Poll Study Shows Nearly Three-Quarters of Americans Mistakenly Assume Clear Pool Water Is Clean, Swim-Safe Water

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Leslie’s AccuBlue Home® Delivers First 10-Point At-Home Pool and Spa Water Testing Solution to Ensure a Safe 2024 Swim Season

PHOENIX, March 26, 2024 – Clear-looking pool water is mistakenly assumed to be safe for swimming, according to a recent survey conducted by The Harris Poll and commissioned by Leslie’s, the leading and most trusted consumer brand in the U.S. pool and spa care industry.

According to the poll, 71% of those surveyed believe that clear water is clean and safe for swimming. However, even clear water can contain contaminants that pose a danger to swimmers, and pool owners shouldn’t assume a pool is safe just because the water is clear.

A recent survey conducted by The Harris Poll on behalf of Leslie's found 71% of Americans mistakenly assume that clear pool water is clean and safe for swimming. Water testing is crucial to ensure healthy pool water, and Leslie's makes it easy with its new AccuBlue Home water testing program.
A recent survey conducted by The Harris Poll on behalf of Leslie’s found 71% of Americans mistakenly assume that clear pool water is clean and safe for swimming. Water testing is crucial to ensure healthy pool water, and Leslie’s makes it easy with its new AccuBlue Home water testing program.

The news arrives as Leslie’s launches its water safety education campaign for the 2024 swim season. Leslie’s is spreading awareness of the three primary tenets of pool safety: maintaining healthy and safe water, securing the pool area, and participating in swimming lessons and water safety education.

“As we head into the 2024 swim season, our aim is to help educate pool owners on the tenets of pool safety. Among those tenets is maintaining healthy water, and we make it easy for pool owners to test and treat their water, creating a safe environment for all,” said Clay Spann, SVP of Merchandising at Leslie’s.

“We aren’t surprised by these survey results, as there are many misconceptions related to pool water chemistry,” Spann said. “The only way to really know if pool water is clean, healthy, and safe for swimming is to check if the water is properly balanced and sanitized. To be certain of this, owners must regularly test the pool water’s chemistry makeup and precisely measure 10 different components, including pH, total alkalinity, calcium hardness, metals, phosphates, sanitizer levels, and more.”

The Leslie’s/Harris Poll survey also revealed that 71% of Americans who are responsible for maintaining a pool say keeping water safe is complicated, a misperception Leslie’s aims to correct with its AccuBlue® and AccuBlue Home® testing and treatment solutions.

Leslie’s makes water testing simple with its industry-leading AccuBlue technology — the only pool and spa water test that covers all 10 water chemistry components. In just 60 seconds, this free, in-store water test delivers a hardcopy printout with a water quality score and step-by-step customized water treatment plan to help keep pool water balanced. Pool and spa owners have relied upon this professional-grade testing over the past six decades, with more than 50 million tests conducted by Leslie’s store teams.

The same survey revealed that 81% of Americans who maintain their own pools wish there was a home technology solution for comprehensive 10-point pool water testing.

Last May, Leslie’s made water testing even easier and more convenient when the company launched its AccuBlue Home® membership program, which offers the same leading in-store testing technology, engineered into a compact at-home device. The AccuBlue Home testing device connects to the Leslie’s app to deliver a water quality score and customized water treatment plan to the user’s mobile phone or tablet.

Since its launch, AccuBlue Home has been embraced by pool owners, who value its convenience and accuracy. The membership program has earned a nearly five-star rating in member reviews with comments echoing exactly what it is designed to do: “takes all the guesswork out of testing your pool water” and “this little machine does everything the one in the store does.”

AccuBlue Home: How It Works
The technology is sophisticated, but the process is simple.

Users simply insert a pool water sample into the water test disk and place it into the AccuBlue Home testing device. They then open Leslie’s app on their mobile device to start the test, and AccuBlue Home does the rest. Light wavelengths pass through the water sample to precisely measure the water’s chemistry makeup, and the app delivers the water test quality score and a step-by-step customized treatment plan in just 60 seconds. The app enables pool and spa owners to order home delivery of chemicals needed to execute the water treatment plan.

An AccuBlue Home membership costs $50 a month, which includes the home testing device for free, as well as $50 in Leslie’s credits each month for purchases online, in app, or in stores. AccuBlue Home members can use their monthly credit to purchase any products from Leslie’s, including sanitizers and balancing chemicals, as well as floats, games, and other accessories to make the most out of pool days.

Marianne Trusty, president of Pool Magazine, said, “We’ve long recognized the importance of comprehensive 10-point testing for healthy and safe water and to maintain the longevity of pool equipment. Leslie’s has always been a leader, and it’s remarkable that they have driven their in-store technology into such a sleek device and an easy-to-use approach for pool and hot tub water testing.”

Virtual Pool Water Assistant
The AccuBlue Home device, measuring just 4.5 inches wide by 3.5 inches tall, is small, stylish, and self-contained, resembling a virtual assistant device — in this case, a virtual pool water assistant. It incorporates photometric testing technology with optical sensors, as well as a centrifuge, replaceable test disks, and more.

Click here to learn more about AccuBlue Home, the first at-home pool and spa water testing solution that covers 10 crucial water chemistry components with a membership program that pays for itself. 

About Leslie’s 
Founded in 1963, Leslie’s is the largest and most trusted direct-to-consumer brand in the U.S. pool and spa care industry. The Company serves the aftermarket needs of residential and professional consumers with an extensive and largely exclusive assortment of essential pool and spa care products. The Company operates an integrated ecosystem of more than 1,000 physical locations and a robust digital platform, enabling consumers to engage with Leslie’s whenever, wherever, and however they prefer to shop. Its dedicated team of associates, pool and spa care experts, and experienced service technicians are passionate about empowering Leslie’s consumers with the knowledge, products, and solutions necessary to confidently maintain and enjoy their pools and spas.

For more information about Leslie’s, visit lesliespool.com or follow and engage with us: @lesliespoolcare on Instagram, Leslie’s on Facebook, and @lesliespoolcare on Twitter.

Survey Method:
This survey was conducted online within the United States by The Harris Poll on behalf of Leslie’s from March 5-7, 2024, among 2,087 adults ages 18 and older, among whom 314 are maintaining a pool. The sampling precision of Harris online polls is measured by using a Bayesian credible interval. For this study, the sample data is accurate to within +/- 2.5 percentage points using a 95% confidence level.

Media: Mardi Larson, Amendola for Leslie’s, [email protected], 612.384.4383

SOURCE Leslie’s, Inc.

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Hotel Pool Had Numerous Violations in Case Where 8-Year-Old Was Pulled Into Pipe

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Double Tree Hotel Pool Had Numerous Violations in Case Where 8-Year-Old Was Pulled Into Pipe

In the wake of a heartbreaking incident at a hotel pool in northwest Houston, authorities are diligently investigating the circumstances surrounding the drowning of an 8-year-old girl. The incident occurred over the weekend and has sent shockwaves through the community.

Missing Girl Drowned in Hotel Pool According To Investigators

The young girl, identified by her family as Aliyah Lynette Jaico, was reported missing on Saturday evening around 6 p.m. The last sighting of her was near the lazy river-style pool at the DoubleTree by Hilton Houston Brookhollow located at 12801 Northwest Fwy. Despite frantic efforts by her family to locate her, including thorough searches of the pool area, Aliyah remained unaccounted for.

Tim Miller, the founder of Texas EquuSearch, revealed that security footage showed Aliyah entering the water but never resurfacing. This discovery prompted a comprehensive investigation into the pool’s infrastructure. Utilizing cameras affixed to long poles, authorities drained the pool to inspect its piping system.

What they uncovered was harrowing: Aliyah had been pulled approximately 20 feet into a pipe with a diameter of about 16 inches. Despite exhaustive efforts by the Houston Fire Department and emergency responders, it took nearly 13 hours to access the pipe and retrieve Aliyah’s lifeless body.

Further scrutiny into the hotel’s facilities revealed concerning findings. Reports from the Houston Health Department’s inspection conducted on Monday outlined multiple violations.

“Main drain document was provided and still valid. However small pool has 32-inch channel drains on the walls, without a valid document stating their function, date of installation and date of expiration. A full inspection was conducted, multiple violations were observed. Video footage is available, however manager stated that the footage is being reviewed by legal, and we would have to wait to receive a copy,” part of Monday’s report read.

Hotel Pool Had Numerous Violations

March 2024 Report

03-25-2024 Aquatic Facility Inspection Report by info on Scribd

June 2023 Report

06-06-2023 Aquatic Facility Inspection Report by info on Scribd

March 2023 Report

03-09-2023 Aquatic Facility Inspection Report by info on Scribd

September 2022 Report

09-15-2022 Aquatic Facility Inspection Report by info on Scribd

September 2021 Report

09-29-2021 Aquatic Facility Inspection Report by info on Scribd

As investigations continue, questions linger regarding the adequacy of safety measures at the hotel’s pool and the potential oversight in maintenance protocols. The loss of the young victim has cast a somber shadow over the community, prompting calls for enhanced vigilance and stringent adherence to safety standards to prevent such tragedies in the future.

Featured Photo Credit: Google Maps

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FWP Faces Class Action Lawsuit Stemming From 2023 Cyberattack

Florida Water Products is facing a class action lawsuit stemming from a 2023 cyberattack.

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Florida Water Products Class Action Lawsuit

Florida Water Products, LLC (FWP) finds itself at the center of a proposed class action lawsuit stemming from a cyberattack in May 2023, which may have compromised the personal data of thousands of people.

Florida Water Products Lawsuit Alleges Inadequate Security Measures Left Data Exposed

The lawsuit asserts that inadequate cybersecurity measures by the pool and spa equipment distributor were directly responsible for the breach. Compromised information may include the names and Social Security numbers of both current and former FWP employees, as well as those affiliated with the company.

Florida Water Products is facing a class action lawsuit stemming from a 2023 cyberattack.

According to FWP’s data breach notice letter, the incident targeted a repository of “legacy data” within its network, referring to information stored in outdated systems or formats. Subsequent investigation suggests that an unauthorized third party may have accessed FWP’s systems and obtained certain data from legacy databases.

Although specifics regarding the duration and precise dates of the cybercriminals’ access remain unclear, the breach is believed to have occurred between May 22 and May 28, 2023.

Plaintiff Alleges Inadequate Cybersecurity Left Data Vulnerable

The lawsuit contends that FWP’s failure to enforce adequate cybersecurity measures and provide sufficient training to its employees left its data vulnerable to exploitation by cybercriminals. The complaint argues that Florida Water Products notification to affected individuals was delayed and insufficient. The plaintiff, Stephen Basson, an employee of FWP affiliate Aquarius Supply, claims to have received notice from the defendant only in early December 2023, nearly seven months after the breach allegedly took place.

FWP’s notification letter, as per the filing, obscured crucial details about the breach, such as the number of affected individuals, the methods used by hackers to access the system, and the reasons for the delay in notifying victims.

The lawsuit further alleges that FWP’s tardy and inadequate notice left victims exposed to potential identity theft without proper guidance on monitoring their financial accounts or credit reports to mitigate unauthorized use of their personal information.

A request for comment by FWP about the current litigation was not received in time for publication of this article.

Not The First Or The Last

While the validity of the class action lawsuit against Florida Water Products remains uncertain and subject to legal proceedings, one thing however is certain. The pool industry is clearly not immune to cyber attack threats, as demonstrated by the increase in breaches since 2021. Most recently, Brenntag, a major chemical distributor, fell victim to a ransomware attack by the DarkSide hacker group, resulting in a staggering $4.4 million payout.

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