Legal Question in Personal Injury in Michigan

residential swimming pool liability

our grandchildren want to bring friends swimming . we request they have parental permission. is there any way to protect ourselves from a lawsuit from the non family swimmers in the event of an accident


Asked on 6/19/07, 11:04 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: residential swimming pool liability

The only thing you could do is have them, through their parents, sign a release, but the release may not hold up in court. Make sure you have homeowner's insurance that covers your swimming pool and any injuries by residents of your household AND guests. That way if something did happen, your homeowner's insurance would have to defend you and/or cover the claim.

I would also make sure you have warning stickers on your pool, ladder, etc., that say "no diving" etc., and perhaps go over some ground rules when the kids/guests arrive about no running on the deck, no diving, no jumping, etc. That way if you are sued, you can say that they knew the rules - and the stickers also provide a warning. One sticky issue I have seen in swimming pool injuries cases is when the injured person is a very young child, who may not "appreciate" or understand the warnings. Even if you say "don't dive" - they don't understand why or what the consequences could be.

However, Michigan law is very favorable to swimming pool owners - basically a child or adult is held to that standard that they know the dangers of a swimming pool.

If something is defective with your pool which causes an injury (i.e. ladder breaks or pool collapses), you may be held accountable for that, depending on what the defect is - or the manufacturer could be held liable for it.

Definitely get parental permission, and within that permission slip, you can outline the "rules" and that by them giving their kids permission to swim, they have informed their children of the rules and explained all risks to their children.

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Answered on 6/20/07, 6:55 pm


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