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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.
3.7/5 - (3 votes)

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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Texas-Shaped Pool a Must When Visiting Houston

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Texas-Shaped Pool a Must When Visiting Houston

Pool Magazine was recently in Houston for the annual Southwest Pool & Spa Show. Absolutely no visit to Houston is complete without checking out the Texas-shaped pool at Altitude Rooftop & Pool located on the 6th floor at the Marriott Marquis in downtown Houston.

The Southwest Pool & Spa Show, a premier event for pool and spa professionals, was hosted this year at the George Brown Convention Center. The convention center is conveniently connected to the Marriott Marquis which made deciding to visit a no-brainer for us and a must-visit destination for plenty of attendees and exhibitors at the show.

We took advantage of the opportunity to check out the one-of-a-kind pool experience. During our visit, we saw a number of pool pros taking time out before and after the show to visit the pool. This only reinforced its importance to the industry and its impact on the pool design and construction world.

Texas Shaped Pool is an Iconic Pool Destination

Undeniably, the standout feature of the Altitude Rooftop & Pool at the Marriott Marquis Houston is its distinctly shaped pool, offering guests a unique and unforgettable recreational experience. The crowning jewel is the Texas-shaped lazy river, accented by a beautiful infinity pool, and large spa.

Texas-shaped pool located at the Marriott Marquis hotel in Houston, TX.
Texas-shaped pool located at the Marriott Marquis hotel in Houston, TX.

The $335 million dollar project was designed by Morris Architects and built by Rida Development and Houston First. The iconic lazy river features walls and a stainless steel spa that were custom-made by manufacturer Natare which designs vessels and equipment for competition, fitness, leisure, and aquatic recreation. Using over 100 tons of stainless steel, the materials were manufactured in their state-of-the-art facility located in Indianapolis, IN.

The vinyl liner Texas-shaped pool is truly a fun and entertaining spectacle that gives swimmers a floating tour around the state. Approaching the western side of the Texas-shaped pool swimmers are treated to a clear, acrylic wall overlooking the roof’s edge before water jets shoot them southeast along the path of the Rio Grande. In the center of the lazy river, children can play in the water features of a circular splash pad, 20 feet in diameter. The innovative stainless steel “bowl” of the splash pad is lined with stone pavers, through which water drains back to the filtration system.

Along the edge of the rooftop is an impressive 77-foot long infinity pool, where swimmers can relax and look out over the Houston skyline and Discovery Green below. The infinity pool is accompanied by a large spa, composed of two large, overlapping rectangular sections, each one about 8 feet by 10 feet.

Sitting down for Mary Poppins during movie night at the Altitude Rooftop & Pool.
Sitting down for Mary Poppins during movie night at the Altitude Rooftop & Pool.

The rooftop is decked out with thousands of winter lights and interactive displays for the duration of the winter season as part of the “Texas Winter Lights” exhibit. The temperature of the heated lazy river is a pleasant 80 degrees. During the spring, each Friday night is dedicated to watching movies on the rooftop terrace.

With an emphasis on green technology, the Altitude Rooftop & Pool is powered by energy-efficient pumps and filters, reducing its carbon footprint and making it a more sustainable option for guests who care about the environment. In addition to its exceptional design and construction, High Dive rooftop bar and restaurant offers guests the perfect place to enjoy a drink or snack while taking in the stunning views.

The Marriott Marquis Houston opened in the spring of 2016, adding over 1,800 construction jobs and 700 permanent jobs to Houston’s hospitality industry. Whether you’re a local or just passing through, the Altitude Rooftop & Pool is a must-visit destination in Houston, offering a one-of-a-kind pool experience.

Take a Tour of This Iconic Texas Shaped Pool

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Million Dollar Pool Design Challenge Winner – Rance Schindler

Pool Magazine takes a deep dive into the Million Dollar Pool Design Challenge winning entry by Rance Schindler.

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Congratulations Million Dollar Pool Design Challenge Winner - Rance Schindler

Pool Magazine is proud to have been one of the sponsors of this 2022’s Million Dollar Pool Design Challenge at the PSP Deck Expo in Las Vegas. The winning design was done by up-and-coming designer Rance Schindler who blew away the judges with his $10,000 winning entry, courtesy of Riverflow Pumps by Current Systems.

The annual competition is the brainchild of renowned designers Mike Farley and Reid Schindler, and it seeks to promote cutting-edge ideas for backyards by doing away with financial restraints. Designers are invited to enter the competition and create the ultimate outdoor oasis for hypothetical clients on a million-dollar budget.

Entrants in the 2022 competition were tasked with creating an outdoor living oasis for a husband-and-wife pair of lawyers in Chicago, Illinois. Designing the ultimate backyard for these dream clients meant planning a seasonal space that would prioritize health, wellness, and self-care.

Some prerequisites for submissions were that the design should incorporate a few wish list items:

The Wishlist

The site that was chosen for the million-dollar pool challenge.

The Site

  • Home has a lower terrace area, front approach, and rooftop terrace.
  • Seasonal usage of space, designer should consider wind, sun direction, shade, and the Chicago climate.
  • Clients goal for the space is a space to unwind.


Aesthetics & View

  • Keep the view open if possible, but they also want privacy.
  • Preferred to have natual elements, but they love structured design.


Pool & Spa

  • The pool is for health, wellness, and self care.
  • They are looking for a complete setting, not just a swimming pool.
  • A hot tub and cold plunge are needed, possibly a sauna.


Elements to Include

  • A fire element to gather around.
  • Cool lighting.
  • The use of a Riverflow Pumps by Current Systems product (lazy river or swim jet system).
  • A real or synthetic lawn space.
  • The use of Ledge Lounger furniture.
  • An outdoor kitchen.


Other Considerations

  • The couple will entertain/host six to 12 guests maximum.
  • The wife teaches yoga and barre as a hobby, and wants a space to exercise and cool off.

A large number of entrants tried out for the Million Dollar Pool Design Challenge, but only a select few were invited to Las Vegas to show off their skills. PoolHaus’s Brent Dutton, Old State Landscape’s Whitney Morris and Stephanie Carnahan, Complete Exterior Solutions’ Rance Schindler, Randy Angell Designs’ Brad Holley, and AquaTerra Outdoors’ Minsung Kim, Karishma Karki, Paola Hidalgo, and Sameepa Modi were also finalists.

Congratulations to all of the finalists in the Million Dollar Pool Design Challenge
Congratulations to all of the finalists in the Million Dollar Pool Design Challenge

Entries were evaluated by an expert panel of judges based on the following factors:

1. Aesthetic Quality – Is the concept’s form pleasant to look at?           
2. Differentiation – Is the concept “fresh” & unique?    ​           
3. Functionality -Does the concept meet the criteria of the families needs?  Does it consider all elements site analysis? 
4. Realization Possibility – Is the concept buildable if the client decided to move forward with construction? ie. topographically, features, function​

Rance Schindler was the winner of this year's Million Dollar Pool Design Challenge
Rance Schindler was the winner of the 2022 Million Dollar Pool Design Challenge

Let’s take a look at this year’s winning design by Rance Schindler of Complete Exterior Solutions. One of the prerequisites of the client was shade.

This design answers that request with a large tree that shades the outdoor living space and becomes a central focal point of the backyard.

The design plan also features a lovely rooftop dining and conversation area as well as an outdoor kitchen.

A gorgeous glass deck overhangs the entire outdoor living space and looks down on a smartly appointed pool, fire pit, and lounging area below.

Think you’ve got what it takes to enter next year’s Million Dollar Pool Design Challenge? Learn more about this contest and how to enter.

https://www.themilliondollarpoolchallenge.com/

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Art In The Pool With Ania Amador

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Art In The Pool With Ania Amador

These days, artists find inspiration working in a variety of different mediums. Take a stroll around town and you’re liable to stumble across art in the strangest of places. Case in point, the subject of today’s discussion. Ania Amador is an artist who has rapidly been building a following and has gone viral with her surrealistic swimming pool murals.

To appreciate her art does involve stepping out of your comfort zone. No, you won’t need a ticket to a gallery or museum. To view this art up close and personal, you’ll have to strap on your bathing suit or put on a pair of swim trunks.

Using the Swimming Pool as an Art Canvas

A trained commercial artist, Amador gave us some insight as to how she first got started painting swimming pools. “I’ve been doing this for about ten years – full time, but I’ve always been creative and liked painting. When it comes to my mural work, it’s really great to be able to diversify and paint in private homes,” explained Amador, “Pools seem to be pretty popular these days, and I’ve had a lot of fun the two times I’ve had the chance to paint a pool.”

What drew our eye to Amador’s work, is not only the vivid and surrealistic imagery she incorporates into her murals but also her preferred canvas. A swimming pool seems to be the most unlikely place you’d find a detailed mural depicting an astronaut lost in space. However, it’s exactly that decision to apply this painting technique inside the pool that is turning heads.

“That was my first time ever painting on the ground or in an immersive surface like that, where it’s actually around you and trying to think about all the different angles and how most people would be experiencing the painting,” said Amador.

“There were a lot of unknowns with the space pool specifically, and I just went for it. I thought the astronaut would be a really good way to achieve a good perspective from either side of the pool, and that was the focal point,” explained Amador, “Then I was able to add a vortex and galaxy. The client had a couple of other specifics they also wanted to be thrown in there, but that’s usually how these concepts unfold. I meet with my clients, see what their overall vision is, and then I come up with my own spin on what that is.”

Amador Creates Surreal Art Murals in Swimming Pools

The project took Amador a while to complete and was well documented on social media while she was painting it, as are many of her other projects. In the course of painting the pool, she began to attract more and more followers. Consequently, she slowly began thinking of her next pool painting which would feature a surreal seascape theme.

“It’s funny because some of my most viral projects have been a swimming pool and then another huge ocean scene I did. I knew that this one was going to be a hit,” said Amador.

Her latest creation which depicts an underwater scene was documented in a time-lapse video of her painting the entire swimming pool over the course of ten days. As with the first, her second pool painting generated millions of views and shares.

“I’m so humbled and grateful for all of the people appreciating my work. I could have never imagined millions of people getting to see my art and I’m glad it makes them happy. That has been an incredible experience and I’m really just thankful for all the support,” said Amador.

On Creating Art in The Pool

Ania acknowledged that this type of artwork is temporary and degrades over time and her client who commissioned the work knew this as well. Due to the technique used and the harsh environment a swimming pool presents, the pool will need to be repainted eventually. The average lifespan of the paint her clients chose is only 3 to 5 years, according to Amador.

Not all art is made to be permanent. Ephemeral art is to be appreciated in the here and now. Although these murals are temporary, it’s easy to appreciate the beauty in Amador’s work.

When she’s not painting her latest pool masterpiece, you can find this professional artist painting at rock concerts in front of a live audience, working on a new commission, or teaching a workshop. If you’re eager to learn more, listen to our entire conversation and interview with Ania Amador on the Pool Magazine podcast.

Photo Credits: Ania Amador

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