22.17.4 Swimming Pools.

• Jurisdiction: Arizona

22.17.4 Swimming Pools. The Arizona Supreme Court has held that a landowner operating a swimming pool for commercial purposes has a duty to maintain a lifeguard.¹⁶⁸ Whether an unfenced swimming pool constitutes an unreasonably dangerous condition as to a two-year-old was held to be an issue of fact for the jury to resolve, taking into account the defendant’s awareness of the child’s age and the risk of the pool to the child.¹⁶⁹ Similarly, whether a landowner has adequately warned a child licensee of the dangers of a swimming pool is a fact-intensive inquiry for the jury, considering such factors as “the child’s age and intelligence, the risk to the child and facts peculiar to the child which, in a case involving a pool, might include a...