Wideman Pools, LLC
2565 Hwy 67 So.
Festus, MO 63028
Swimming Pool Accident Liability
By +Joseph Devine
Swimming pools can be such a joy in the summer. You can tan, exercise, hang out, and just relax around the water. Some people choose to build a personal pool at home for these reasons. Others opt for the community pool instead. Either way, swimming pools are actually ripe with danger to you and those you love. However, it is not always clear as to who is liable for those accidents. This article will look at some hazards around the pool and who might be responsible for the tragedies that can arise.
There are a number of things that can happen in the water or poolside, including drowning or near-drowning, slips and falls, disembowelment, diving board injuries, and others. There are also a variety of people who can be held liable for accidents that happen around a pool, including the injured himself, a caregiver or parent, the owner of the pool, the construction company who built the pool, etc. Depending on what the actual accident entailed, there might be no one held liable or up to several people held responsible for the accident.
According to premises liability laws, the owner of a pool, whether it is a personal pool or that of a neighborhood, hotel, gym, etc., is in charge of maintaining the health and safety standards at a pool. This includes making sure that everything is working properly, the chemicals are properly balanced, nothing is broken or rusty, and other issues. However, an owner of a pool may not know if the company who built the pool did not properly grade a deck, leading to water buildup and an extra slippery surface.
Someone who is invited or licensed to be at a pool should expect the pool to be safe. If one of these guests is injured, they are less likely to be held liable for their own accident than a trespasser. If someone breaks into a pool uninvited and sustains an injury, they may not get any financial compensation for an injury. For instance, a homeowner may lock up his own pool because it is in the process of draining. If a person breaks into the pool and decides to trespass and swim, they can get disemboweled by the drain. However, the homeowner had the pool closed up expressly for protecting people from the drain.
Of course, a swimming pool owner is supposed to properly maintain his or her drain. If it is not covered or is turned up too strong when guests come over, the owner may be held liable if someone gets injured due to its suction. At community pools, improperly trained lifeguards and broken things in or around the pool can cause harm to someone, and they are usually the responsibility of the homeowners association or whoever owns the community pool.
When going swimming, either at your own pool, that of a friend, or at the neighborhood spot, the best idea is to be smart about your fun. If you are bringing young children to the swim, be sure to keep a close eye on them to help keep the safe.
If you or someone you know has been injured in a swimming pool accident, the owner or builder may be held liable for the damages. For more information on swimming pool dangers and other topics in personal injury, check out Vic Feazell, an Austin expert personal injury lawyer.
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2565 US Hwy 67 South
Festus, MO 63628636-931-7665