Summertime brings with it fun in the sun and good times in the pool. Both swimmers and pool owners should be aware that there are Maryland laws establishing requirements for pool owners and protections for pool users. As a private homeowner in Maryland, you  must provide  “reasonable care” to guests you invite to use your pool. For private pool clubs, there is a higher duty for your safety that a company must follow, because you would be considered a business invitee. Reasonable care means you must ensure that the pool area is reasonably safe for your guest and inform the guest of any potential dangers that are not immediately obvious. For example, having a gate or fencing around your pool is one common requirement however, know that every county has different rules regarding this matter. 

If your child is injured while using a swimming pool on someone else’s property, parents may pursue legal action to recover damages as follows:  

• Negligence claim: Parents can file a lawsuit alleging the property owner was negligent. To succeed, they must show that the property owner has breached their duty of providing reasonable care, causing the child’s injury.
• Premise liability claim: Parents may also bring a premise liability claim, stating the property owner failed to maintain a safe environment, which led to the child’s injury.

Should your find your family (or you as an adult) to be in a situation like this, please contact us immediately so we can evaluate the circumstances of the case, guide you through the legal process, and advocate for your rights.