Who's Liable For My Injury While Swimming?
With the weather starting to get warm again, you may be heading to the pool for some fun under the sun. When hanging around water and slippery surfaces, accidents can happen. It could be at a friend's backyard pool, a public pool, or a private club swimming pool. If you get injured at any of these locations, someone could be liable for your injuries.
Liability is not guaranteed because an injury occurred, which is why it is important to understand when it applies:
Understanding Premise Liability Rules
Since a swimming pool is a physical structure on someone's property, premise liability rules apply to pool related injuries. Users of the pool will be classified as one of three groups:
- Invitees
- Licensees
- Trespassers
When using a public pool, either as a paying user or for free, you are an invitee. The owner of the pool is responsible for making sure that the pool is properly maintained, and making repairs so people are not injured.
If you are attending a friend's private pool party, you are a licensee. The owner does not have strict maintenance and repair requirements as if it were a public pool, but must make people aware of any dangers that aren't obvious to users of the pool.
When entering a pool on private or public property illegally, you are a trespasser. As an adult trespasser, the pool owner is not responsible for an injury that occurs in the pool, as long as they do not cause you bodily harm for trespassing.
The same rules do not apply to children, even if they are trespassing. Owners must make the pool inaccessible by fencing it off or covering the pool when not in use. This is to protect minors, who may not understand how dangerous a pool can be.
When Pool Owners Are Liable
There are obvious risks when using a pool, such as diving in shallow water or running on wet surfaces. Pool owners are not responsible for these injuries. However, owners must let pool users know if a spot is not deep enough for diving, and when there is an obstruction in the pool they cannot see.
Public pool owners must have safety equipment on hand, such as life preservers. All equipment must be working properly, such as drains, ladders, and diving boards. Public pools must have an adequate amount of lifeguards on duty as well.
When Pool Users Are Liable
A user of a pool might be the one that caused the injury, which would not hold the pool owner liable for their actions. This includes situations where someone is being held under water intentionally by another person, or when someone jumps into a pool and lands on another person.
If you have more questions about liability for a swimming pool injury, contact a personal injury attorney in your area. They will be able to consult you about your case, and let you know who you can sue for damages. To learn more, contact a company like http://www.lawofficecolorado.com with any questions or concerns you have.
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