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Swimming Pool Accidents: Is the Property Owner Responsible?

- May 30, 2018

During the warm summer months, public and private swimming pools are a popular destination for adults and children. While pools are a great way to escape the summer heat, they also present specific hazards, especially if they are not properly maintained and if guests are not supervised. If you or someone you love is hurt at a swimming pool, you could be eligible to pursue a premises liability claim against the property owner or management company. If this has happened to you, it is important to consult with an experienced personal injury attorney to understand your rights.

How is Liability Determined in Swimming Pool Accidents?

Because swimming pools are considered part of the property, premises liability laws apply to any accidental injury claims that arise. When it comes to the level of responsibility assumed by the property owner, there are three different types of entrants on the property that are recognized. These entrants include:

Invitees– In the case of a public pool, entrants are considered to be invitees, regardless of whether the pool is free or if admission is charged. The owner of the property has a responsibility to take reasonable care of the pool, which includes maintenance and repairs.

Licensees– If you are invited to someone’s private pool, you are considered to be a licensee. The pool owner has a responsibility to warn you of potential hazards like slippery deck surfaces, shallow water, and other hazards that might not be readily apparent.

Trespassers– If you are not invited to someone’s pool, you are considered a trespasser on their property. If you are hurt at someone else’s pool while trespassing, the property owner has almost no “duty of care” in this situation.

It is important to note that while premises liability laws do not protect trespassing adults, children who trespass and are injured at a pool might be protected under the state’s “attractive nuisance” doctrine. Because pools are considered attractive nuisances, the property owner might still be required to safeguard it from potential trespassing children. This could include signage warning of hazards and fences or gates to keep children out.

Hurt in a Swimming Pool Accident? We Can Help.

The swimming pool accident attorneys of Jonathan Perkins Injury Lawyers are ready to help you if you’ve been hurt in an accident at a public or private pool. We understand the impact that an accident can have on your life, and we want you to know that you have legal options to protect yourself and your family. Contact us at 1-800-PERKINS to schedule a confidential, no-obligation consultation with us today.

 

 

 

 

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