Swimming Pool Injury
Premises liability refers to the responsibility of a property owner (or the current resident) to ensure there are no risks to a visitor’s physical wellbeing. In other words, if an individual suffers injury due to safety measure negligence while on the property, the owner or renter of said property may be liable for any injuries sustained.
Premises liability typically applies to lawsuits regarding swimming pool injury. Injuries which may occur in or around a swimming pool can occur due to inadequate maintenance of the pool, failure to warn entrants of hazards which may not be clearly noticeable, or neglect in keeping the pool area safe for anticipated use.
Who is Vulnerable to Injury?
Various circumstances will draw a variety people to a property location. There are three roles an individual may take in premises liability cases, any of which can be accounted for in swimming pool injury cases. These include trespasser, licensee, and invitee.
A trespasser is someone the property owner or lessee did not invite onto the premises, and therefore is not legally allowed to be there. These situation typically relieves the property owner of any responsibility for ensuring the area is safe.
The exception to this rule is if the trespasser is a child. For instance, if a pool owner does not take the proper precautions to keep children who may not understand the hazards of drowning or other viable injuries off of the property (e.g. installing a high fence), or knows children may be on or around the premises, they may be liable for injuries sustained by the trespasser if they have not taken proper safety precautions.
A licensee is legally allowed onto property for a particular reason, and the owner is fully aware of their presence. This means premises liability is still very much in effect and injuries sustained by the licensee may be the fault of the property owner.
Finally, an invitee is a person who has been invited onto the property by the owner, expressly as a social guest or as a patron visiting public property. For instance, an invitee may be a guest invited to swim in a neighbor’s pool at their personal residence. Someone visiting a pool which has been opened to the public would also qualify as an invitee. Personal injury cases such as these usually suggest the strongest premises liability clauses, as the welcome of invitees onto the property infers that it is safe for reasonable use.
When it Happens to You
If you or someone you care about has suffered physical injury in a swimming pool accident, and you believe the owner of the property was at fault, contact Shea Law Group today. We understand the complex legal issues involved in winning a personal injury case, and our experienced lawyers will work to get you the compensation you deserve. We don’t charge until we win your case. Receive a free consultation when you call us at 1-888-979-9320.