Take a Dive – Ethan’s Law – HB1341

AUTHOR: Crystal Fontaine

Many people enjoy making a splash to beat the summer heat. On most occasions, if you do not own a pool and you aren’t going to the lake, people generally pay to go to a swimming facility.

House bill number 1341 proposes to establish what may be referred to as “Ethan’s Law”. This Ethan’s Law declares that any owner of a business-related, privately owned swimming pool is to maintain adequate insurance coverage. The owners of such swimming facilities will be required to register with the Department of Public Safety and provide proof that they do have the adequate insurance coverage. According to the act, the coverage must entail the amount of at least one million dollars per incident in the event of an injury or death.

Those that do not abide by Ethan’s Law will be subject to a civil penalty of $250 each day up to a maximum of $10,000 that the facility remains in operation with continued violation. Any owner of the facility will also be liable for the costs that may accrue by the state and political subdivision that enforce the law. For those that think they may get away without the mandatory insurance coverage, please beware. Any person who deliberately breaches Ethan’s Law is guilty of a Class A misdemeanor.  What does that mean? Well, that means legal action will be taken and you may be shut down.

Under the bill, the Department of Public Safety as well as local law enforcement has the responsibility to enforce the regulations stated in HB 1341. Also, any insurance company providing coverage to these swimming facilities must inform the Department of Public Safety if the proprietor(s) decides to either terminate their coverage or fail to renew their coverage. Remember that ignorance isn’t an excuse.