Wideman Pools, LLC
2565 Hwy 67 So.
Festus, MO 63028
636-931-7665
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.
+Joseph Devine
|
Wideman Pools
2565 US Hwy 67 South
Festus, MO 63628
636-931-7665 www.widemanpools.com
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