legal

New law places legal liability on homeowners for pool accidents

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Homeowners can face criminal charges of fines or imprisonment.

With Summer having arrived, many homeowners will only now begin to consider the use of their swimming pool again. However, it is essential that consumers make sure they are aware of the legal and insurance implications of owning a swimming pool as new legislation will place even more onus on the owner.

 
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This is according to Marike Stals, Legal and Compliance Manager at MUA Insurance Acceptances, who says homeowners should be aware that there are two types of cover under building insurance policies. “The first covers the actual damage of the structure, while the second is legal liability cover, where the homeowner protects themselves legally against something happening to guests, trespassers and / or their tangible property on the insured property.”
 
“Currently, the owner of the pool is held accountable under South African Law of Delict in the event of a drowning incident. South Africa’s civil liability laws mean a civil claim can be charged against a pool owner for any damage suffered as a result of drowning, whether fatal or not.”
 
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Summary of benefits

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Automatic Extentions Of Cover include the following
 
Tenants: if you become legally liable as the tenant and not as the owner for damage to the building of a private residdence and its domestic outbuildings (including fixtures and fittings) occupied by you as the tenant or by members of your household, we will cover you up to the amount stated in your schedule for any one accident or series of accidents arising out of one insured event.
 
Wrongful Arrest: If you become legally liable to pay for damages resulting from the wrongful arrest or alleged wrongful arrest which arises out of your activities as a member of a neighbourhood watch or a block watch group or a similar voluntary non-profit organisation, we will cover you up to the amount as stated in your schedule for any one valid claim or series of valid claims arising out of one insured event, including legal costs and expenses.
 
Liability To Domestic Employees: We will cover you for legal liable up to the amount as stated in your schedule where you become liable due to the death or bodily injury to your domestic employee which arises from and in the course of their service during the period of your insurance. This includes the legal costs and expenses which the domestic employee can recover in respect of a valid claim under this extension and which you may incur with the insurer's written consent. 
 
 
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