Are private swim lessons a liability to an HOA?

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Are private swim lessons a liability to an HOA?

In our neighborhood, we have a few homeowners who have gotten together and hired a swim instructor. This is done at the neighborhood pool, not permitting any other party from swimming. The HOA is concerned that they might be liable if something happens.

Asked on June 19, 2012 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If it is a community pool, then if anyone is injured at the pool during the lessons, the HOA could potentially be held liable if it can be shown that they in some way contributed to or were at fault in causing the injury--e.g. if, say, the pool's lifeguard were away from his chair at the moment, or was not watching that group as carefully as he should, because he assumed the instructor was keeping an eye out; or if the instructor were in any way approved by the pool to work there but was not qualified, or if the pool had warning or evidence that the lessons may have been dangerous (e.g. the instructor was having children do things too advanced for them) but allowed  them to continue.


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