Learning Liability: Swimming Pool Safety (and Occupier’s Liability!) - Diamond and Diamond Lawyers
  • Tuesday, 23 August 2016

Learning Liability: Swimming Pool Safety (and Occupier’s Liability!)

#AskDanielDiamond

When it comes down to it, owning your pool is a privilege (and an awesome one at that), but are you doing everything you can to ensure that you’re protected from any sort of liability? As a property owner, it’s your responsibility to ensure that nobody is harmed while they swim in your pool; pools clearly have the option to be deadly if the proper steps aren’t taken. There’s a legislation in place within Ontario that’s called the “Occupiers’ Liability Act”, which essentially means that property owners and occupiers of all types are responsible to keep their property safe. When it comes to swimming pools, this means things like ensuring nobody dives when the pool isn’t deep enough (as that’s bound to bring around spinal cord injuries).

Above ground pools are always going to hover around four to five feet in depth, which isn’t enough to be suitable for diving. Pools need to follow a specific set of rules, ensuring that the people occupying your property are always going to be safe – this means keeping the patios and decks (gazebos and such) surrounding your pool free of any obstructions. There also has to be an adequate amount of lighting for when you’re taking part in night swimming activities. The diving boards and slides have to be installed according to the recommendations given by the manufacturer, as well as only being associated with pools of the proper depth. Putting up signs that call for “no diving” or “shallow waters” is a great idea as well!You’ve also got to keep yourself covered with the proper liability insurance, as following every single rule in the book won’t ensure that there’s never an injury. If somebody suffers a serious injury while swimming in your pool (and you don’t have the proper insurance in place), it’s going to be a big problem.

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