A Homeowner’s Responsibility For a Backyard Pool Under the Occupiers’ Liability Act

With summer around the corner, it’s important for all homeowners who have backyard pools to ensure that they are safeguarded. Although pools are a source of hours of fun during the summer, they also pose significant liability and responsibility for the owner. 

Most municipalities in Ontario, including Cambridge, have pool safety bylaws that set out what a homeowner is responsible for to keep their pool safe and secure. It is also a good idea that homeowners ensure that they have the proper insurance coverage for their backyard pool. If these steps aren’t followed, an owner may be held civilly or criminally liable for any injuries or fatalities that may occur. 

How a Homeowner is Liable

Under the Occupiers’ Liability Act, homeowners with residential pools are responsible for the safety of anyone who is on their property and uses the pool, whether they have been invited or not. Although less common than drownings in natural bodies of water, which represent approximately 73 percent of all drownings in Canada, drowning in swimming pools is still a significant danger in Ontario. 

Pool Safety Measures

The Canadian Red Cross has reported that in 80 percent of home pool drownings, a lack of appropriate adult supervision was a critical factor. Unfortunately, it takes very little time for small children to drown, and in the case of home backyard pool drownings, the vast majority were children who were alone. In addition to proper supervision, the following precautions should be taken to keep children safe around a backyard pool:

• There should be adequate fencing around the pool as required by municipal bylaws.
• The fence should not have horizontal bars that enable climbing.
• There should not be direct access to the pool from the home.
• There should be a self-latching and self-closing gate installed.
• Young children who cannot swim should wear life preservers at all times.
• Toddler pools should be emptied after each use.
• At least one adult should be trained in first aid procedures. 

If you have been injured or lost a loved one in a backyard pool drowning accident, you may be able to hold the property owner accountable and receive compensation for your losses. Contact the experienced personal injury lawyers at Hilborn and Konduros for a no-cost consultation to discuss your case.