Homeowners May Be Liable for Drowning If the Gate Surrounding the Pool is Defective or Not Properly Secured
Swimming pools present a year-round danger if they are not monitored or protected properly. If a gate does not close properly or is out of alignment, it becomes analogous to the weak link in a chain and may lead to a catastrophic accident or drowning.
Unfortunately, many gates surrounding swimming pools are cheaply manufactured or lack integrity of construction and installation. Many times, the lock or closing devices to such gates are improperly maintained which indicates that the owner of the pool is not as concerned with safety as he or she should be.
As the owner of two swimming pools, as well as a swimming pool accident attorney, I understand that safety must always be priority number one. Although many pool gates are designed to be self-closing and self-latching, years of experience inspecting fence gateways after they have failed has led me to conclude that despite advertisements of self-closing and locking gates claiming that you will never have to worry, unfortunately the situation is quite different in reality. Common sense dictates that the swimming pool area is unsafe for pets, toddlers, and children, who can fall into a pool if a safe and operating barrier such as a fence is not closed to prevent their injury.
Each jurisdiction has a local code that should be followed regarding the height and construction of a pool fence. If your fence self-closes by virtue of springs or has a spring loaded lock, make sure that it is properly and annually maintained so that complete closure occurs and does not enable access to the pool. Maintenance of a safe swimming environment involves not only the swimming pool itself, but the surrounding areas including the gate or fence.
Unfortunately, over 1,000 children will die every year, approximately 300 under the age of 5, in swimming related accidents, while another 5,000 will be hospitalized. An additional 200 children will die in a spa or whirlpool.
As an experienced pool accident attorney, I am all too familiar with the catastrophic drowning accidents in Pennsylvania that occur as a result of the negligence of swimming pool operators and owners. Close supervision and maintenance of a pool environment is vital to ensure safety whether it is a home pool, resort pool, public pool, or apartment complex pool.
If you or a loved one has sustained a swimming pool injury or drowning, the experienced Philadelphia pool drowning lawyers at Reiff & Bily always offer a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.