Who is Responsible When Pool Accidents Happen?

By hummingbirdsouth on Oct 04 in Lewis & Feldman Blog.

Pools can be one of the most inviting, fun and relaxing ways for people to spend their free time. When we think of swimming pools, we generally think of all the positive things they can bring to our lives. Unfortunately, accidents can happen, and pools are no exception to being a potentially fatal danger. Let’s take a look at the liability if you or a loved one are injured or drown in a swimming pool – whether in a public setting or a private residential setting.

First, it is important to note that pool injuries typically fall under “premises liability rules” due to them being part of the property in which they are located. We will discuss the various types of entrants that could possibly be injured in a pool.

Invitees
These are pools that are opened to the general public. One may have a paid membership, or this could be a free pool for public use. These pools are typically at hotels, gyms, clubs, municipalities, etc. The property owner must keep the pool maintained in order to prevent injuries from happening. For example, they need to repair any broken equipment like diving boards or ladders, and finally, provide emergency safety equipment. Usually, there will be a sign posted with pool rules, such as no glass in or near the pool and a warning if there is no lifeguard on duty, instructing you to swim at your own risk. There are, however, some special rules for public facilities owned by municipalities.

Licensees
This is perhaps the most obvious scenario. Anyone using a pool on private property, such as a friend’s home, is referred to as a licensee. The ‘Duty to Warn’ means the owner of the pool has an obligation to warn their guests of any potential dangers that are not so obvious to the average person, such as a shallow area that’s not intended for diving.

Trespassers
Those trespassing on private property are not owed a warning, with the exception of a child. The pool owner has a duty to keep their pool fenced and to prevent access to their pool by children that do not understand the dangers of drowning. This is a duty under the “attractive nuisance doctrine.”

So, what should you do if you or a loved one are injured at the negligence of the pool owner? First, if you can, seek medical attention immediately. It is also great to capture the contact information of any possible witnesses. You will also want to contact our offices, so we can evaluate and investigate your case to see if negligence by the owner caused your injury. We will fight to get the fair justice you deserve.

Our Birmingham, AL personal injury firm can analyze your case.
If you believe you have suffered injuries as a result of someone else’s actions, contact us, Lewis and Feldman, at (205) 254-6060 or toll-free at (888) 295-7409 for a free, no-risk initial consultation about your injuries.

No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers.

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