There are numerous types of situations in which a pool owner may be liable for injuries. Be it a private home, a private club, or a public pool, owners have a legal responsibility to make sure their premises are reasonably safe so as not to allow preventable harm to befall visitors.
Premises liability comes into play when a pool owner is negligent in her duty, and knowingly allows a hazard to exist or fails to warn others about a danger. The victim can hold her financially responsible for damages in a premises liability claim.
Types of Swimming Pool Owner Negligence
Owners are not legally required to warn visitors about obvious dangers, such as wet areas around the pool. If you slipped and fell near the pool because you were running or not paying attention, the chances are that you cannot hold the owner liable, this is a common slip and fall claim myth. However, if the hazard wasn’t a given, and the owner knew about it and failed to address it, you can likely pursue a claim.
Below are few examples of pool owner negligence that may substantiate a premises liability case.
- The owner failed to warn you that pool was very shallow or about other defects or hazards.
- There was no safety equipment on site, e.g., personal flotation devices or life preservers.
- The owner left pool equipment in disrepair, such as diving boards, decks, drains, handrails, or ladders.
- The owner didn’t install safety features such as a pool alarm or latching gate.
- There were obstructions, objects, or debris around the pool.
- The owner didn’t keep the area guarded against children.
Elements Needed to Prove a Pool-related Premises Liability Claim
To bring and win a premises liability claim for a pool accident, you must be able to prove the following.
- You were legally entitled to be at the pool. (You were either invited or a licensee. This rule does not apply to children; owners must assume that children may enter their premises without warning. Also, if you were trespassing, you waive your rights to file a claim.
- The owner knew about the hazard.
- The owner failed to amend the hazard or failed to warn you about it (negligence).
- You were hurt as a result of the owner’s negligence.
- You sustained actual physical, emotional, and financial damages.
Did you have a viable injury case? Call Cordisco & Saile LLC to Find Out
If you or your loved one was injured in a pool accident, you are encouraged to call premises liability lawyer at Cordisco & Saile LLC in Pennsylvania. Get a case review, determine liability, and pursue restitution for the harms you’ve sustained. Call today at 215-642-2335 to schedule a complimentary consultation.