A controversial court ruling in Nevada is drawing criticism from safety advocates and legal experts after a judge ruled that private pools, including those operated by homeowners associations (HOAs) like Las Vegas Athletic Clubs (LVAC), cannot be regulated by the Southern Nevada Health District. The decision has sparked concern over how this may affect the enforcement of basic pool safety standards and accountability in drowning or injury cases.
According to reports, a Clark County District Court judge ruled that private pools do not fall under the jurisdiction of the Southern Nevada Health District’s regulatory authority. This means that HOA pools, gym pools, and other non-public facilities are not subject to inspections, safety rule enforcement, or the same health standards as public pools.
While supporters of the ruling argue it upholds property rights, critics warn that the lack of oversight could lead to increased risk of pool-related accidents, particularly in communities where children and families frequently use such facilities.
Private pools, particularly those in multi-resident communities or fitness centers, can pose serious hazards if not maintained or monitored properly. Without regulatory oversight, property managers or HOAs may not be legally required to:
Michael Haggard, Esq., a national authority on pool safety and premises liability, strongly criticizes the decision:
“Removing regulatory oversight from private pools puts families at risk. Drowning is already a leading cause of death for children, and stripping away safety standards only increases the likelihood of tragedy. Property owners must be held accountable regardless of whether a pool is public or private.”
Despite the ruling, private pool operators—including HOAs and gyms—can still be held civilly liable under premises liability law if a drowning or injury occurs due to unsafe conditions. Legal liability may apply if:
Attorney Michael Haggard, Esq. continues to fight for stronger enforcement of pool safety standards, regardless of a facility’s public or private classification. His work on behalf of drowning victims in Nevada, highlights the need for legal reforms that prioritize human life over property status.
If a drowning or near-drowning occurs at a privately managed pool, victims and their families may still have a legal claim, even in the absence of regulatory oversight. Legal action can bring accountability and push for improved safety in similar facilities.
If you or a loved one has suffered a pool-related injury or tragedy at a private facility, contact Attorney Michael Haggard, Esq. today for a free consultation to discuss your legal options and advocate for safer standards across all pool environments.
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