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.
What Can I Recover?
Swimming pool accident injuries range from minor cuts and scrapes to severe spinal cord injuries or even death, particularly in drowning accidents. The severity of your injuries directly impacts the compensation you may be entitled to recover. Some examples of the damages a swimming pool accident law firm might pursue on your behalf include the following:
- Medical expenses—includes all past, present, and future medical bills associated with your injuries;
- Lost wages—compensates you for any income you’ve lost due to your injuries and resultant inability to work;
- Loss of earning capacity—considers your future earning potential if your injuries permanently impact your ability to work;
- Pain and suffering—encompasses the physical and emotional pain you’ve endured as a result of your accident; and
- Property damage—compensates you for the repair or replacement of damaged property.
If you’ve suffered injuries in a Las Vegas swimming pool accident, don’t hesitate to reach out to qualified swimming pool drowning law firms or a swimming pool injury lawyer.
Contact Us
Since 2020, Blake Friedman of Friedman Injury Law has recovered over $35 million in settlements and judgments for injured victims throughout Las Vegas. As the #1 injury lawyer in Las Vegas, Friedman Injury Law provides clients with highly specialized representation for each one of their clients. We handle our cases from beginning to end, from insurance claims to litigation and trial. We understand the financial and emotional hardships you must face after such a devastating experience. We are here to help. Contact us today by phone or email for a free consultation and learn how Friedman Injury Law can help you!
