Is an Apartment Complex Liable for Swimming Pool Injuries?

In apartment complexes, swimming pools are a favorite amenity among residents. While swimming pools are a place for residents to relax on a hot day, they also present the risk of injury, especially if there’s negligence on the part of the complex owner. 

Many personal injury cases can arise from swimming pool mishaps. However, when the injury takes place at an apartment complex pool, who is held liable? Read on to learn about how you may be able to seek compensation for losses caused by a swimming pool injury. 

Premises Liability Claims

For swimming pool injuries, victims typically file premises liability claims; a premises liability claim involves the legal liability of a building owner for injuries resulting from the property’s condition. When the building owner’s negligence, recklessness, or wrongful act has resulted in an injury on the premises, the victim can file a premises liability claim. 

Apartment Complex Owner Liability

Apartment complex owners are responsible for maintaining the building’s swimming pool and taking steps to keep it safe for residents. The standard expectations for pool maintenance include:

  • Preventing contamination with water treatments
  • Repairing damaged, such as broken handrails
  • Cleaning the pool frequently
  • Posting rules and warnings to ensure safe use of the pool
  • Keeping the pool well-lit if it’s open at night
  • Installing barricades around water features for accidental drowning prevention

If the building owner hasn’t taken these steps and others, when applicable, to keep the pool safe, they may be held liable for injuries. It’s important to note, however, that the building owner may be able to avoid liability for dangerous behavior on the part of a resident or guest that leads to injury if they’ve posted rules and warnings advising against the behavior. If the building owner can prove that the individual didn’t follow the posted pool rules, the liability claims may be invalid. 

Have you or a loved one sustained a swimming pool injury due to the negligence of a property owner? Contact Weldon & Rothman, PL to schedule a consultation and learn about your rights.