Swimming pool injury lawsuits are generally based on premises liability law. Posting a warning sign ostensibly places a degree of responsibility on the swimmer to look after his or her own safety. If the pool owner has acted reasonably in warning a swimmer of the possible perils of the pool, but the swimmer ignores the warnings by, for example, running around the pool despite warning signs, the pool owner will have a good defense should the swimmer sue for injuries.

However, if those signs are hidden or not readable, they serve no true purpose and may not be an effective defense to a liability claim. Also, it is unlikely that the posting of a “swim at your own risk” sign at a private pool would shield the pool owner from liability if there were no other safety measures: a fence around the pool, a gate with a latch, etc. The effect of the lack of a “No-diving” sign on possible liability arising from a diving accident will depend on the circumstances. Many cases involving diving into shallow water are dismissed because the diver should have known that the water was too shallow for a dive, or minimally should have recognized the danger involved.

On the other hand, some states have laws requiring the posting of particular signs in particular circumstances. For example, many cities have ordinances that require a lifeguard or a warning sign when there is no lifeguard. The mere failure to post the sign may be sufficient to establish the owner’s liability if a swimmer drowns. If you wonder whether you have a good lawsuit, ask an experienced personal injury lawyer near you, or you can fill out the case evaluation form with no further cost or obligation to you.