Understanding Liability In Swimming Pool Accidents
A day full of fun in the pool with friends and family can erupt into a nightmare with you or your loved one being rushed to the ER after a swimming pool accident.
After such an unfortunate event, you may wonder: Who is to blame? Who covers the expensive medical bills, especially when the accident was no fault of your own? Read on to find out.
Types of Swimming Pool Accidents
The pavement and flooring surrounding pools are almost always wet. This increases the risk of slips and falls that can cause severe injuries, such as fractures.
Here are the most common swimming pool accidents:
- Drowning and Near-Drowning
- Slips and falls
- Chemical Burns
- Entrapment
- Diving accidents
That being said, it’s time to explore liability in the context of swimming pool accidents.
Understanding Premises Liability
Naturally, the first person you’d think of as being liable for a swimming pool accident is the owner. However, it’s not that simple. Here is why:
Swimming pool accidents fall under the doctrine of premises liability, which holds that property owners can be held liable for accidents that occur on their premises.
However, culpability in such circumstances will depend on the victim and their actions within the facility. Here are the three types of individuals on any property at a point in time:
- Licensees- Friends, family, or visitors
- Invitees- Customers and delivery agents
- Trespassers
“While property owners are legally responsible for injuries to individuals on their facilities, liability can shift to the victim if they signed an assumption of risk waiver or were engaging in an inherently risky activity,” says personal injury lawyer Jan Dils of Jan Dils, Attorneys at Law.
But when you slip and fall at a swimming pool because of a broken pavement, you could file a lawsuit against the owner. They are responsible for informing individuals on their premises of any dangerous hazards and fixing them before causing injury.
Drowning Accidents: Who Is at Fault?
Drowning is arguably the most tragic swimming pool accident. According to data from the CDC, it is the leading cause of death in children aged one to four.
Therefore, if a child loses their life in a drowning accident, the proprietor can be subject to blame if they are found to be negligent.
For instance, if the children had unsupervised access to the pool and the owner had not taken adequate measures to prevent this, they may be liable for the tragedy.
In such cases, the surviving family members can file a wrongful death lawsuit for compensation, which can cover funeral expenses, loss of support, and loss of consortium.
The Role of Personal Injury Attorneys
Many swimming pool accident victims underestimate the indispensable role of personal injury attorneys. These professionals bring legal acumen to your table.
They will investigate the mishap to determine whether the custodian was at fault. For instance, a good personal injury attorney will seek CCTV footage to ascertain pool maintenance negligence may have led to your injury.
On top of that, they will interview witnesses who can corroborate available evidence, further solidifying your case. If needed, your lawyer will hire expert witnesses to explain to the court how your injuries occurred and their impact.
Worried about the prices? Don’t be. Most personal injury attorneys use the contingency fee structure. They handle the costs related to the case to be covered by your settlement. And even better, their payment is contingent on winning the case.
