Who Is Liable For Swimming Pool Accidents

By this time of year, all of the bathing suits in your children’s sizes have disappeared from the store, and you have realized that you do not have the funds to buy a new swimsuit for yourself this year and you will have to keep wearing the same threadbare suit you have had since the last time your tax refund was enough to buy a swimsuit.  It is also the time of year when everyone is talking about swimming pool safety.  The rules that you tend to drill into your children’s minds, such as no running on pool decks, and waiting an hour after eating before you swim, are not the ones that account for the most serious accidents.  The worst swimming pool accidents tend to result from greater negligence than simply a child getting caught up in the excitement of swimming.  Legal responsibility for a swimming pool accident depends on how the accident happens and on who operates the pool.  If your child got injured in a swimming pool accident in South Carolina, contact a Columbia premises liability lawyer.

Swimming Pools at Hotels and Places of Recreation

Premises liability protections, where the owner of a property is responsible for preventable accidents that happen on the property, are strongest when the injured person is a business invitee, that is, a paying customer.  You are a business invitee if you pay for access to a swimming pool, such as by booking a room at the hotel where the pool is located or paying admission to a water theme park.

Public pools, including those at theme parks and community centers, must have lifeguards on duty whenever they are open for swimming.  Many accidents occur because of inadequate lifeguard staffing or because children were able to access the pool when there was no lifeguard on duty.

Backyard Pools on Residential Property

When accidents happen at pools on residential property, premises liability laws apply differently.  Guests of homeowners can file a premises liability claim if the homeowner kept the property in unsafe condition, leading to an accident, such as if the homeowner assembled the pool incorrectly or kept the pool chemicals at excessive or inadequate levels.  If the accident happened because of a manufacturer’s defect in the pool, then the manufacturer is legally responsible, under product liability laws.

The Attractive Nuisance Doctrine

Premises liability laws do not normally protect trespassers, but the attractive nuisance is an exception.  The attractive nuisance applies if the pool is visible from a distance, and it is easy for children to trespass on the property without the homeowner’s knowledge or when the homeowner is not home.  It is the homeowner’s responsibility to keep a fence around the yard where the pool is located, to deter trespassers and prevent injury.

Let Us Help You Today

The personal injury lawyers at the Stanley Law Group can help you pursue a lawsuit or insurance claim if you got injured in a preventable accident in a swimming pool.  Contact The Stanley Law Group in Columbia, South Carolina or call (803)799-4700 for a free initial consultation.

Source:

law.cornell.edu/wex/attractive_nuisance_doctrine