Understanding Swimming Pool Accident Liability

Because of the number of dangers that can befall someone who is spending time at the pool, there is not really a definite answer as to who will be held responsible for an accident at the site. Sometimes, the injured person him or herself is liable, while other times the owner or builder can be found at fault, or a combination of the parties involved.

Pool guests and those who are licensed to work around a pool should expect a safe, healthy environment. If it is a personal pool, the people invited to the pool can assume that the homeowner does not have the drain turned out too strong and that everything is in good repair, to prevent disembowelment and other injuries. If injuries do occur because of homeowner negligence, however, the property owner may be held liable for injuries.

However, if someone slips and falls on the surface surrounding the pool, it might not be the homeowner's fault. If the construction company who build the deck did not properly grade it so that it would drain water, the splashed-up liquid can build up on the surface, making it very slippery and dangerous. In cases like these, the builder might be determined to be at fault. People who break into a pool to swim are usually held more liable for their own actions. For instance, a homeowner may lock up his pool because he is draining it and does not want anyone to get in. A person may trespass into the yard and break into the fence around the pool in order to swim. A strong drain pull can entrap a swimmer and disembowel him or her. However, the pool was locked up to protect people for this express purpose. In these cases, the trespasser might not receive any financial compensation for the injuries.

At a community pool, people should expect safe conditions and trained lifeguards. However, broken tiles can lead to cuts and infections. When this occurs, the community pool owner may be held responsible because he or she did not maintain safety standards.

At any rate, the best idea is to remain on your toes when it comes to swimming pools. Be aware of your surroundings, and if you bring children to a pool, you should probably keep a close eye on them to protect them from accidents.

Contact Us

For more information on pool accidents and other personal injury topics, contact a knowledgeable Phoenix personal injury lawyer at Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. today at 800-763-0964.

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