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Could setting up WiFi at a public swimming pool be considered an attractive nuisance or something similar.

South Lake Tahoe, CA |

I'm on a committee to improve usage of a public swimming pool. One suggestion is to install WiFi. I'm concerned that it would invite parents to pay less attention to their children in the pool and if something happens we could be held responsible in some manner. There are signs posted stating no life guard on duty but I'm not sure that is enough.

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Attorney answers 2


Very good instincts. The condo association needs to consult an insurance agent to review your pool coverage, get suggestions about not making common mistakes which would impair your coverage, getting an umbrella policy to increase the policy limits of what you have, and other insurance options I have not heard of. Hi Fi at the pool is probably not negligence per se, but how it is impliments and the behavior related to usage are very fact-dependent separate issues.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.


You say public swimming pool - do you mean one one by a public entity like the city or county? If so, then contact the city attorney or county counsel for advice on this issue.
If you mean a privately owned pool that is open to the public, then providing WiFi could indeed be a distraction and could result in liability if someone gets injured or drowns.
Honestly, there is not much you can do to guarantee you will not be liable anyway. You could have 20 lifeguards, and 500 signs, plus require everyone wear life jackets, that all children be tethered to their parent, and any number of other safety steps, and you would still get sued, and could still be held liable. You could ask people to sign waivers, but that is also not a guarantee you won't get sued.
The best way to protect yourself is to put in place responsible and reasonable safety precautions, make sure that they are followed by those operating the pool, and get a good insurance policy.

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