Who Is Liable for a Pool Accident?

Posted by | August 05, 2015 | Personal Injury Blog | No Comments
Who-Is-Liable-for-a-Pool-Accident

When the warm weather hits, people want to get into the pool and cool down, naturally. Whether they are going to swim at a friend’s house or in a public pool, they look to have a good time and to beat the heat. However, there is always the risk of accident and injury. When this happens though, what can the injured party do? Are they able to receive damages due to the injury? It can be confusing, but this article should help to shed some light on what you need to do and what you might be able to expect. Just remember that every case is different, and you will certainly want to get some professional legal help.

Public Pools

The premises liability laws will generally make those who own and operate public pools responsible for injuries suffered by those who use the pool. This includes pools in hotels, as well. However, it does not mean that they are always responsible for any injuries that happen in and around the pool. There is also the question of whether the injured person was entirely or partially responsible for the injury themselves. It also depends on whether the person who was injured was trespassing or had permission to be on the property.

When trying to determine responsibility, attorneys will need to look at several different factors. First, they need to consider whether there may have been some type of product liability with the case. For example, there could have been some type of defect with the pool or equipment that’s a part of the pool. In this case, the suit would be a product liability suit rather than a suit against the owner and operator of the pool, unless they also knew about the defect.

They also need to consider negligence. If the equipment was not installed correctly, the suit could be against the installers, for example. If the negligence of the lifeguard at the public pool caused the injury, then the pool owner, the employer of the lifeguard, would be responsible for the accident and liable to cover the damages.

Premises liability could also come into play. If there were not adequate warnings or there was no safety equipment, fences, and alarms, or no supervision, then this could be the reason the injury occurred in the first place. Most of the swimming accidents tend to fall into this category. Owners are supposed to take precautions to help keep the pool safe for everyone, and when they don’t, they are in violation of this responsibility.

Keep in mind that there is some responsibility that goes to the swimmer as well, especially when there are warning signs posted. If the swimmer ignores warnings posted on the signs, such as the area around the pool being slippery when wet, chances are they will not win a lawsuit if they slip and fall. Of course, the signs need to be visible and readable for this to take effect.

Residential Pools

It is important to note that backyard pools can be just as dangerous as public pools. In fact, homeowners can be responsible for injuries and deaths that take place in or around the pool area. This is true even if the person was trespassing at the time of the injury and used the pool without the permission of the owner.

Homeowner liability is generally a problem associated with negligence. They need to take precautions around their pool and have proper security to limit the possibility of injuries. They are responsible for the safety of their guests, and they are responsible for taking steps to keep unwanted people from trespassing and getting into the pool.

In most places around the country, there are regulations when it comes to the maintenance and construction of home swimming pools. This generally includes the need for fencing, locked gates, and covers for the pool. When the homeowner does not comply with these statutes, it becomes easier for the injured party to prove negligence on the part of the owner. In fact, when they do not follow these rules, there’s no need to prove negligence because it is obvious.

Slip and fall accidents are very common around the pool area, and owners need to take special precautions to make sure that their visitors are safe. Having nonslip surfaces and warning signs are essential. In order to prove negligence in cases such as this, the injured party needs to show that the owner created the wet area negligently and did not take steps to resolve the problem after noticing it. If the slip and fall happens after this, then they are likely to be found negligent in the situation.

Most of the time, homeowners do not have to worry about what happens to trespassers on their property. However, there is a strange loophole that applies to pools, called attractive nuisance. This means that if there is an object on the property that attracts children, such as a pool, the homeowner can be responsible for injuries to trespassers.

The homeowner needs to take steps to make the pool safe and inaccessible, even to people who should not be on the property in the first place. If they do not, it could result in a suit against them that the other party is likely to win. For example, if your child knows that the neighbor has a pool and gets into their pool without permission and has an injury, that homeowner will be responsible.

What Should You Do?

Because proving negligence is not always easy, and because there are so many different factors that come into play with these cases, working with an attorney is always the best course of action. It is important to choose someone who knows and understands these types of cases well. An knowledgeable lawyer who has experience when it comes to these types of cases will be able to get to the heart of the matter and find out where the negligence lies.

Who Is Liable for a Pool Accident? by

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