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.”

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