Are we responsible if we let neighbours use our French pool when away?
Pool ‘squatting’ is an increasingly worrying problem for owners
Reader Question: We have a home in France and our neighbours on both sides are young couples with small children. When we go back to the UK we would like to give them our garden keys so they can use the pool, but are worried if we would be held liable for any accidents?
Swimming pool owners can be held liable for accidents relating to their pool, and this can apply even if they do not give permission to people using it.
Article 1244 of France’s civil code states: “The owner of a building is liable for damage… when it results from a lack of maintenance or a construction defect,” and this extends to swimming pools.
Recent court rulings have confirmed that this principle can apply even where an injured person entered the property without permission
This included a high-profile case of a swimming pool ‘squatter’ who was injured while illegally using a pool in someone else’s home.
The main defence against such claims, which relate to injuries attributable to defects or negligence, would be that the pool was regularly maintained.
In all situations it is also a legal obligation that adequate safety material be installed at the pool. This can include a pool cover, alarm, barrier, etc – a full list is available here.
Regardless of who is using your pool – your neighbours, their children, or even friends of their children – you may ultimately be considered responsible for harm that occurs on the property, even if you are not there
This applies even if you have no knowledge of the people using the pool, or the methods people gained access to the pool (i.e, through a key you gave them, strangers jumping the fence to use it, etc).
However, appropriate third-party liability insurance for the pool can help.
Not all home insurance policies automatically include pools, so you should ensure that the pool has been notified to your insurer. In some cases it may be necessary to pay an additional amount.
If you are specifically allowing neighbours or other non-family members to use your pool while you are away, it is sensible to inform your insurer and check that your civil liability cover extends to this situation
