In today’s sue-happy age, a lawsuit is pretty commonplace. People sue for things being too hot, too cold, too soft, too sharp. There are claims of prejudice of favoritism or nepotism, and If someone does too much or not enough, they are at risk. So, someone tragically gets hurt or dies, there is financial compensation available through legal means sought. Are lawyers targeting pool people?
Lawsuits are filed against Pool People Everyday 👩⚖️
Here are some reasons people were trading their swimsuits for a business suit and a trip up the courthouse steps.
Keep Them Alive and Cover Your Behind
Swimming Pool Injury Lawsuits are the most common pool-related reason for a trip to the courthouse. A personal claim against the owner or manager of a pool for an incident that happened at the pool. But, in many cases, these lawsuits are wrongful death cases on behalf of someone who drowned. Besides these, they can also be for injuries sustained in or around the pool
While varying from state to state, it is broadly stated that it is the owner or manager of the pool to keep it reasonably safe for anticipated use. Besides, they are under a duty to do a reasonable job of repairing and maintaining the pool, so no one gets injured. This applies to invitees only, so trespassers are not protected. Unless, of course, the trespasser is a child, and the owner/manager must keep the pool safe from young children who do not understand the dangers of drowning. How secure is the gate/fence? Is the safety cover in need of repair or replacement? Is it well lit?
Non- VGB Main Drains Just Suck
Some risks are pretty obvious like slippery decks or diving from certain areas and therefore do not create liability. Posted warning signs can transfer liability to the injured party. It is super important to stay current on all required signs for your county. Depth markers too. Faded, ripped, torn, and otherwise illegible MUST be replaced.
It’s Not My Fault
Things the owner/manager would be liable for would be failing to provide emergency safety equipment, the disrepair of steps, ladders, handrails, and diving boards. Walk around and pull on the handrails. Are they loose? Are there chips, breaks, or dents in steps and ladders? Entrapment from Non-VGB drain covers or defective equipment can result in death or injury. (And a huge fine!) Even failing to provide adequate supervision i:e Lifeguards can result in an injury and claim.
Water maintenance is another colossal liability. People can get very sick from pool water chemistry. We all know the seriousness of Crypto, Giardia, Shigella, norovirus, and E. Coli that can result from inadequate water maintenance.
The CDC has reported that “improper use of pool chemicals and overuse of disinfectants” resulted in over 4,000 trips to the E.R. in just over a decade (2003-2013). They published a report bringing awareness to the importance of chemical dangers in and around swimming pools. This can be from actually in the water or from poisoning.
But, I Didn’t Inhale
Poisoning can happen from ingestion or inhalation of vapors, fumes, and gasses of chemicals. In Minnesota, 13 people who attended a birthday party were taken to the hospital with red rashes, vomiting, and diarrhea. The culprit? High pH and chlorine levels! (Www.aboutlawsuits.com)
Us as handlers must be provided with proper personal protective equipment, training, and SDS access. Improper handling and mixing of chemicals are dangerous to all. Do your guys even know where to access the SDS sheets? Have you checked your chemical storage distances? How thoroughly has the water chemistry log been filled out as of late?
Negligence is nothing to take lightly. People’s lives are on the line. Besides, they count on us to keep them safe. Keep them alive and cover your behind!
Similar Story LIFEGUARD FAILS 😴💤
The ADA requires businesses to make existing pools accessible when it is ‘readily achievable’ – meaning not an exorbitant expense. New pools have even stricter entry and exit guidelines. Failure to comply can cause real problems.
According to AQUA magazine, various ADA compliance laws were filed after the deadline in 2013 to comply with Title 111 of the Americans With Disabilities Act, which states they must have an appropriate pool lift. The establishment must provide access and independent use to those with disabilities.
While we certainly don’t want anyone with disabilities to not be able to enjoy the pool, we also have to be wary of those “working the system.” It’s shameful, but some individuals make their livelihood off of suing businesses who are not ADA compliant. In Florida, Howard Cohan does just that.
He Wasn’t Even Going To Stay There
Michael March, The Owner Shoreline, a beachfront resort, was shocked when he was hit with papers for the first time ever. Not having adequate parking, no clear path to the pool and lack of disabled access to the pool was the violations. While these are real violations, Cohan has sued over 1,100 businesses for “discrimination.”
(Www.abcactionnews.com)Marsh received no call. No request. Sadly, there are Mr. Cohans in all states. Does your pool have a clear path?
Do you have a spare battery for your chairlift? Have you ever thought about your parking lot recently?
If these lawsuits aren’t enough to have up in the middle of the night, just wait! There’s more! Tune in next week to see the finale of suits that can take everything from you but your birthday suit.
Get Your CPO Certification Here