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For many individuals in the process of finding a new residence, the presence of a community or HOA-managed pool can be the factor that makes them settle down in a particular neighborhood. Indeed, such a shared amenity provides many of the advantages of pool ownership without the downsides of it being on your own private property.
With a community or shared neighborhood pool, maintenance and regular cleaning are clear examples of swimming pool burdens which are the responsibility of the homeowner's association.
On the other hand, if a swimmer drowns in the pool or an individual is otherwise injured on the premises, determining liability for these damages can be a bit more complicated. Our drowning accident lawyers expand on these cases below.
While upkeep is not a worry, pool safety and the risk of drowning are concerns that are not mitigated simply because the pool is not on an individual's private property. In fact, it's likely that these hazards are increased when the pool is shared by community members.
An HOA agreement imposed upon all residents may explicitly state the services to be provided by the HOA. However, it is unlikely to expand on who can be held responsible if an accident takes place at the pool.
If a tragedy such as a drowning or near-drowning incident takes place at an HOA pool, victims or surviving family members of victims have the right to seek justice. In these instances, the HOA itself may be held liable if their negligence led to injury or death at the pool. By filing a drowning lawsuit against the HOA, significant compensation may be awarded.
The Aquatic Attorneys have previously taken on HOAs and achieved multi-million-dollar awards for victims, proving that it's possible to not only seek damages but achieve justice, even in light of such insurmountable emotional pain.
HOAs can be considered negligent for a number of reasons.
The legal foundation for most HOA negligence claims will be that the HOA is responsible for all maintenance aspects; if critical upkeep duties are not regularly completed or not performed at all, a pool can become a truly dangerous environment not only for young children but for all individuals.
Pool enclosings are generally mandated by law, as is the conservation of the enclosing's structural integrity. If the enclosing fails to keep out individuals as intended, the HOA can be held liable for damages resulting from this failure.
Likewise, the surfaces surrounding the pool itself need to be maintained. Tripping hazards should be mitigated in short order, as should any other concerns like slippery surfaces. If water is accumulating due to poor design and this accumulation causes a pool-goer to slip & fall, the HOA could be held responsible for physical injuries suffered.
Lastly, the pool and pool water themselves should also be of concern. Drains and drain covers should be checked regularly. Lives have been lost in the past due to unsecured pool drains, so it's critical that these do not deteriorate to the point where their function is lost. Moreover, the pool water needs to be properly treated. Chemicals should be used to maintain cleanliness while also avoiding high concentrations that can harm swimmers.
These are only some of the safety standards that need to be met by most pools and for which HOAs are generally responsible. Different legislations can bring more or fewer safety requirements - this is exactly what makes it so vital to seek legal representation considering legal action against an HOA.
If you or a loved one were injured at a community pool, contact our experienced pool accident attorneys for more information on the legal recourses at your disposal.
Our lawyers have taken on residential complexes over HOA pool accidents and achieved million-dollar compensation on behalf of victims and their families. If you believe you have a case, you owe it to yourself and your loved ones to be as informed as possible with regards to what can be done towards achieving justice.