With the warm weather of summer here, many people are getting outside and jumping in the pool to cool down. Unfortunately, this fun summer activity can be a cause of injury. Do you know what your rights are if you are injured at the pool? It's a good idea to understand your rights, and if you have a viable personal injury case.
Premise Liability Laws Typically Apply
The big legal difference between a beach and a swimming pool is that a pool is built on someone's property. It does not matter if it is private or public property, because premise liability laws will apply to any accident that happens at a pool.
The law works by classifying the kind of entrant on the property, which includes:
People who go to a public pool, with either paid or unpaid admission, are called invitees. The owners of the pool is responsible for repairing and maintaining a pool so an invitee is not injured.
When using a swimming pool on a person's private property, you are classified as a licensee. A pool owner must warn all people using the pool of dangers they may not be aware of.
Trespassers are those that enter a pool illegally, and are not owed any duty of care by the pool's owner.
Reasons An Owner Can Be Held Liable
One common reason for injuries around a pool is slipping and falling on a wet surface. The risk of this type of injury is high when using a pool, but it is obvious to everyone. It can be difficult to win a personal injury case due to a slip and fall on a wet surface.
A pool owner must protect entrants from hazards that are not obvious. This includes not marking the depth of a pool for safe diving. The owner must also have emergency equipment on hand, such as life preservers. Any equipment such as diving boards, water slides, and ladders must be maintained so that they do not cause injury. Public pools have the additional requirement of having adequate lifeguards on duty at all times.
When You Are Personally Liable For Your Injuries
Any action that is intentionally negligent will cause the blame to fall on yourself. This includes jumping into an area of the pool that others are occupying and landing on somebody's head causing an injury. You may be roughhousing with somebody in the water and cause them to drown accidentally. These are situations out of the pool owner's control, and the person that caused the injury could be sued for battery or negligence charges.
If you need help determining if your pool related injury is the fault of the pool owner, contact a personal injury lawyer. They will evaluate your case, and let you know the best course of action.