For those of you who own a pool, the question often comes up: What if someone is injured while swimming in our pool? The answer to that question depends on a number of variables.
First, if the person who is injured in your pool was not invited to be there, Wis. Stat. section 895.529 notes that the “possessor of real property owes no duty of care to a trespasser.” That said, the owner could still be liable if he/she “willfully, wantonly or recklessly” causes injury or death, except in cases of self-defense.
If the person injured is a guest, the court will review the incident to determine if there was any “obvious danger.” For example, if someone knowingly dives into shallow water and is injured, the homeowner could be relieved of liability.
If you do own a pool, it is recommended that you install a fence around your pool to prevent uninvited persons or small children from entering the pool area. In particular, pool owners can be found liable for the injury or death of a small child under what is called the “attractive nuisance doctrine.” Basically, a swimming pool can be very attractive to a young child and without a fence around the pool, the pool presents a danger to the child who can wander into your yard and into the pool unaccompanied. (For those who own trampolines, a fence around your property is recommended for the same reasons.)
