Taking A Dip Into Public Pool Liability: Municipal And Resort Related Liability

I. Introduction & Overview

Although warm weather is still a few months away, it will not be long before adults and children alike are looking for ways to cool down. Public swimming pools, whether used for swimming lessons, water sports, or recreational swimming, are both a popular summertime activity and a source of potential liability.

Some public pools are required to have lifeguards on duty while others are not. Where lifeguards are required, what exposure to liability is there when an accident occurs? If a lifeguard is not required, should the owner of the premises still employ one, or are there other ways to mitigate potential claims? One can imagine that these scenarios become even more complicated where alcohol is being consumed.