ARIZONA NEWS

Homeowners can be held liable for drownings, injuries in their pools, Phoenix attorney says

Jun 17, 2024, 2:00 PM

pool party in the Valley Arizona liability homeowner...

Homeowners may be held liable if tragedy occurs in their pools. (Pixabay file photo)

(Pixabay file photo)

PHOENIX — Homeowners planning to host a pool party in the Valley this summer should keep safety concerns at the forefront of their minds, according to a Phoenix attorney.

Without taking the proper precautions, tragedy can occur in the form of injuries or drownings.

In these cases, homeowners can be held liable, according to Michael Burg with Burg Simpson Personal Injury Lawyers.

“You have to be diligent,” Burg said during an interview last week with KTAR News 92.3 FM’s Arizona’s Morning News.

Always watch the pool to make sure no one is in danger, he added.

On top of that, check your homeowner policy, too, Burg said.

“You better look at your policy if you have a pool because, quite frankly, many of the insurance companies don’t cover accidents or drownings that may occur in your pool,” he said. “You have to look at your policy if you have a pool and you have to make sure you have coverage.”

Legal tips to know before throwing a pool party in the Valley

A homeowner planning to host a pool party in the Valley should first put up a pool barrier, Burg said.

Barriers, such as fences, are effective ways of preventing people from falling into pools and injuring themselves.

“At least then you you can say that, you know, this was attractive nuisance, but they couldn’t see it. They got in there,” Burg said.

The term “attractive nuisance” refers to a doctrine that allows guests to seek civil action against homeowners if they’re hurt as a result of the owner’s perceived negligence. The doctrine also allows for the filing of legal action in children are hurt on the property.

He also recommended homeowners to get umbrella coverage.

“In Arizona, as people should know, the potential amount of money that someone can get in terms of the alleged negligence is what a jury will award,” Burg said. “Just protect yourself. … It’s unbelievable how many drownings have occurred this year.”

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

Brady Fire...

Danny Shapiro

Brady Fire forces evacuations for residents south of Prescott

The Brady Fire that sparked Monday afternoon forced evacuations for some residents south of Prescott, authorities said.

2 hours ago

Scottsdale Airport...

Danny Shapiro

1 dead, 3 injured after Mötley Crüe band member’s plane crashes at Scottsdale Airport

One person died, and 4 others were injured after a plane belonging to a Mötley Crüe band member crashed on the runway at Scottsdale Airport on Monday afternoon, according to reporting by ABC15.

3 hours ago

new Surprise fire department West Valley Arizona...

Serena O'Sullivan

Surprise completes 1 new fire station, buys land for another

Surprise Fire Station 309, the new Surprise fire department at the north side of Cactus Road at Perryville Road, became operational last week.

5 hours ago

Republican state Rep. Matt Gress is questioning the legality of the lease-purchase deal that bailed...

Kevin Stone

Arizona lawmaker raises questions about legality of Isaac School District lease-purchase deal

An Arizona lawmaker is questioning the legality of the lease-purchase deal that bailed the Isaac School District out of its financial crisis last month.

6 hours ago

research funding...

Kevin Stone

Arizona joins lawsuit to stop Trump research funding cuts that could cost state millions

Arizona Attorney General Kris Mayes joined a multistate lawsuit against the Trump administration to protect medical and public health research funding.

8 hours ago

The Arizona Constitution currently provides legislative immunity for traffic violations....

Kevin Stone

Arizona Republican wants lawmakers to follow same traffic laws as everyone else

An Arizona lawmaker introduced a resolution that would refer a constitutional amendment ending legislative immunity for traffic violations to the ballot.

9 hours ago

Sponsored Articles

...

The UPS Store

How The UPS Store is giving back to the community

PHOENIX -- As 2024 nears a close, The UPS Store is looking to give back to the Arizona community with the holiday season approaching.

...

Sanderson Ford

Sanderson Ford’s Operation Santa Claus: Spreading holiday cheer through pickleball

Phoenix, AZ – Sanderson Ford, a staple in the Arizona community, is once again gearing up for its annual Operation Santa Claus charity drive.

...

Schwartz Laser Eye Center

Don’t miss the action with this game-changing procedure

PHOENIX -- The clear lens exchange procedure has emerged as a popular alternative to LASIK eye surgery.

Homeowners can be held liable for drownings, injuries in their pools, Phoenix attorney says