Is there a difference between liability laws for commercial and residential swimming pools?

Yes, there is a difference between liability laws for commercial and residential swimming pools in North Carolina. Generally speaking, commercial swimming pools are held to a higher standard of safety than residential swimming pools as they are considered places of public accommodation. Moreover, commercial swimming pools are subject to local health codes and other applicable laws, which include additional safety standards and requirements. In contrast, residential swimming pools are typically covered by state and local laws, such as laws governing negligence and premises liability. Generally, in order to hold a residential swimming pool owner liable for an accident, a plaintiff must show that the owner was negligent in some way, such as failing to maintain the pool properly or having inadequate safety measures in place. It is important to note that homeowners may be liable for any injury or death caused by their residential swimming pool, even if there was no negligence or fault on their part. This is known as “strict liability.” In North Carolina, homeowners are liable if they allow children under the age of seven to use the swimming pool without adult supervision. Additionally, North Carolina’s Recreational Use Statute may limit the liability of landowners in some cases. This law states that landowners who make their property available for recreational use without charging a fee are generally protected from liability for injuries suffered by those who use the property. Finally, personal liability insurance may also provide protection for swimming pool owners in the event of an accident. All pool owners should consider taking out such a policy to limit the amount of personal liability they may face.

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Is there a difference between liability laws for commercial and residential swimming pools?

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