Will Liability Fears Keep Pools Closed?
Can a community or condo development reopen their pool without fear of liability if someone contracts the Covid-19 virus and claims they caught it while taking a dip. Florida Realtors reached out to two attorneys, and unfortunately, received two somewhat different answers. While some county commissioners issued guidelines which would permit use of the pool under certain conditions (proper spacing, a limit to the number of people using the pool at the same time, etc.), there is still confusion concerning potential liability claims.
Small business attorney, Michael Kouskoutis, said. “I just don’t see how you could prove that someone got the virus there [in the pool], and not at the Publix, or while pumping gas.”
Max Karrick, of the law firm Morgan and Morgan disagrees, saying, “While the ultimate answer is it depends, I think ultimately the answer could be yes.” When asked why attorneys are offering different answers, Karrick explained that this pandemic is new territory, even for lawyers.
While the HOA board could get sued (people can sue for anything and easily find a lawyer to take the case), Kouskoutis doesn’t think it would hold up in court due the burden of proof needed, as he explained above.
Interestingly, according to the U.S. Masters Swimming Association, the usual amount of chlorine in a pool is enough to kill the Covid-19 virus. Additionally, SeacoastOnline reports that the Center for Disease Control (CDC) has stated that there is no evidence Covid-19 is spread through water used in pools, as long as the water is treated with the proper chemicals. But people who are swimming too close to others are under the same risks when on land or when making contact with people after leaving the water.
Once again use common sense safety precautions when in the pool:
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Social distance in and around the pool, keeping at least 6 feet from non-family members. This rule holds for the chairs, chaises, and cabanas.
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Set up blocks of pool time for people to reserve.
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Rotate the times, so certain people don’t always get the premium hours.
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Masks should be used around the pool area.
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The condo board should increase the number of times per month that the pool is checked for the right chemical mix.
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People would be wise to use their own pool furniture.
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Bring sanitizing wipes to the pool area.
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Group pool games should be banned to avoid physical contact.
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People who do not abide by the guidelines should be given a warning, and if they continue their violations, they should be banned.