Las Vegas Swimming Pool Accident Lawyer

How is Liability Determined in Swimming Accidents?

Premises liability is the theory of law applied to swimming pool accidents. It provides that the owner or operator of a pool has a legal duty to provide a reasonably safe environment for swimmers. The extent of this duty depends on the class of individuals injured on the property. Here’s a breakdown of the three main classifications.

Invitees

These individuals are invited onto the property for the owner’s commercial benefit. In the context of swimming pools, this could include guests at a hotel pool, patrons at a public pool, or customers at a waterpark. Property owners owe the highest duty of care to invitees, meaning they must take reasonable steps to identify and fix potential hazards or warn invitees about known dangers.

Licensees

Licensees are individuals lawfully on the property with the owner’s permission but not for the owner’s commercial benefit. This might include a social guest at a friend’s house with a pool or a delivery person entering a fenced property. Property owners owe a lesser duty of care to licensees than to invitees. Owners must avoid creating hidden dangers, and they must warn licensees of known hazards that are not obvious.

Trespassers

Trespassers are individuals on the property without permission or lawful reason. Pool owners generally have no duty to ensure the safety of trespassers, but there are exceptions. For example, an owner cannot intentionally attempt to harm trespassers. And, if the trespasser is a young child and the owner maintains an attractive nuisance, like an unfenced or unsecured pool—the court could find that the owner had a duty to the child.

Swimming pool attorneys review the details of your case to identify a victim’s classification at the time of their accident and determine the property owner’s liability. Our attorneys can assess your case, identify the liable party, and fight to get you the compensation you deserve to move forward with your life.

Common Causes of Swimming Pool Accidents 

While swimming pool accidents may occur for any number of reasons, attorneys often see the following common causes:

• Unsafe conditions—examples include missing or broken handrails, uneven surfaces, or a lack of proper signage around the pool;
• Inadequate fencing—pools, especially those in residential areas, should have proper fencing to prevent unsupervised children from entering the pool area;
• Improper maintenance—such as malfunctioning pool filters or pumps that can lead to cloudy or murky water that creates a safety hazard; and
• Lifeguard negligence—when the law requires lifeguards to be present, a lifeguard’s failure to properly supervise swimmers can be grounds for negligence.

Assessing the cause of a swimming pool accident helps determine if a property owner was negligent and can strengthen your compensation claim.