Is your landlord liable for your pool accident injuries?

One of the greatest perks of living in the Phoenix area is that you can swim almost all year round. In addition, virtually all apartment complexes and rental houses have their own pools. But what happens if you, one of your children, or one of your guests has an accident at the pool? Who pays for the injuries?

FindLaw explains that, in general, landlords have the duty to keep their property in a safe condition. This duty extends not only to your landlord’s tenants but also to any foreseeable guests and the public at large. Furthermore, since a swimming pool falls into the category of attractive nuisances, your landlord also has the duty to basically childproof the pool, making it inaccessible to children and even trespassers at inappropriate times.

Pool injury liability

If you or your child suffers injuries while playing in and around your landlord’s pool, you can sue him or her for damages sufficient to cover your medical bills and other expenses brought about by the injuries. If one of your guests suffers a pool-related injury, that person can sue your landlord.

Keep in mind that the law does not require your landlord to prevent all accidents at all times. To prevail in a premises liability action against your landlord, you must prove the following:

  • That a dangerous condition existed in or around the pool
  • That your landlord knew or should have known of such dangerous condition
  • That he or she failed to take reasonable steps to repair or remedy the dangerous condition
  • That the dangerous condition caused the plaintiff’s injuries

It goes without saying that you should always use common sense in and around a swimming pool. This includes keeping a close watch on your ch