A swimming pool’s gate or fence is supposed to guard the pool from people attempting to enter in the off-hours when there is no supervision to ensure their safety. These gates and fences must adhere to certain guidelines so that they are safe for the public. If you or a loved one was injured in a pool accident due to faulty gates or fences, contact us for a free consultation so that we can evaluate your case to see if negligence caused your injuries.
A pool’s gates or fencing must be maintained and designed so that no one can enter when they are closed. In Illinois, they must be no more than four inches off the ground, at least four feet tall, and designed so that they are not able to be climbed. Faulty gates or fencing would be climbable, have large gaps, easily pushed down, damaged, or something else of the like. These faulty barriers can cause any type of injury to the person who gets through, such as drowning, slip and falls, or if they get in the pool they may find themselves in a drain entrapment accident as well. These all would be prevented if there were a fence or gate in working order.
It is the pool owner’s job to maintain and regularly inspect the barriers so that they are safe for the public and prevent any accident from occurring when the pool is closed. When they are not inspected and are proven faulty or not following the law’s requirements, the pool owner may be found liable for negligence for breaching their duty of care to others. However, there is also the scenario that the fence or gate was built and designed inherently faulty. In this case, the product manufacturer may be found liable for releasing a product that is unsafe for use to the public. This would be a product liability case rather than a premises liability case.
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