Pool Injuries/Negligent Pool Owners
As the weather heats up, many warm weather lovers look to their private or public swimming pools for relief. Unfortunately, these locations are not always the safest for having fun. According to the Centers for Disease Control, thousands of people every year suffer injury in and around spas and swimming pools while an average of 10 swimmers a day die under these circumstances.
When you are hosting guests at a pool party in your backyard, a knowledge of local safety laws will go a long way toward keeping everyone save. An awareness of these regulations can also assist you in understanding your rights if you or a family member should come to harm when taking a dip in a public facility or a friends pool. An injured person who can prove negligence or the presence of hazardous conditions can hold the pool owner or venue operator responsible financially for medical expenses, pain and suffering, rehabilitative needs and other losses.
Private Swimming Pools and Liability
The owner of any private pool has a legal responsibility to maintain the attraction in a safe and intelligent fashion. The owner is responsible for the safety of all who may enter the premises whether he has or has not specifically invited them over for a swim. He must ensure that his private pool is securely fenced and properly sanitized. He must also maintain strict control over whom he allows to access the pool and never permit children to swim without an adult present.
If a trespasser should sustain an injury in or around a pool, the owner may not necessarily be legally responsible. However, because the law considers a swimming pool to be an attractive nuisance, it obligates the owner to keep its perimeter securely locked to prevent others from entering the premises without permission. Failure to do this could leave the pool owner open to legal repercussions if a child or even a prowler should enter the property and get injured in or around the pool.
Public Swimming Pools and Liability
The owners and operators of public swimming pools are equally responsible for ensuring the well-being of their patrons. State regulations will generally spell out strict guidelines concerning safety equipment, chemical mixtures, supervision, capacity and even appropriate water temperatures.
If the owner of a public pool hires lifeguards and other employees, he or she will have the legal responsibility of ensuring that these people receive the proper training concerning water maintenance and general safety rules. Any public pool owner who fails to educate his employees and adhere to regulations concerning the venue’s operation and maintenance can find himself legally liable for injuries that may derive from his negligence.
The most common swimming pool injuries concern:
– Slip-and-fall incidents. Prevention will include removal of hazardous objects, installing non-slip paving, adding handrails and posting “no running” signs.
– Diving boards. While foolish behavior is often responsible, many diving accidents have to do with insufficient lighting and inadequate water depth.
– Lacerations and broken bones. Slippery pavement, questionable equipment and diving boards are common culprits.
– Rashes, chemical irritation or ear, nose and throat infections. These often trace their origins to swimming pool water.
– Electrocution. While old or faulty wiring and ungrounded appliances are known for causing this problem, those who swim before, after or during an electrical storm are also putting themselves at risk.
– Drowning. This is, of course, the most harrowing and heartbreaking of all swimming pool accidents.
If you have suffered an injury in or around a public or private swimming pool, you may be eligible for damages. However, you must be able to prove that:
– The pool or property owner breached the duty of reasonable care through negligence or inaction.
– This breach of duty was responsible for your injury.
– You can trace the damage you suffered directly back to the breach.
The litigation of any swimming pool accident can be complex. However, if you can prove negligence on the pool owner’s part, you are likely to be eligible for compensation. Please contact the personal injury lawyers at The Powerhouse Injury Attorneys for a free consultation. We will advise you of your rights and fight to obtain the compensation to which you are entitled. You can call 24/7, we are available every day to take your call: 602-265-5555.