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Do posted warning signs (e.g., "no life guard on duty," "no diving,” “no running") protect the owner of a swimming pool from liability?
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 attorney for a free opinion or contact an experienced personal injury lawyer near you. |
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Can I be held liable for trespassers who climb my fence to use my pool?
Can I be held liable if someone who drowns in my pool was drunk?
My pool or spa is not enclosed by a fence or wall, do I risk being held liable for a swimming pool injury?
If a pool at a hotel or health club has no lifeguard on duty, is the owner liable for swimming accidents?
Can the driver of a boat who acts in an irresponsible, unsafe manner be held liable for causing a boat accident?
I own a lake. Am I liable if someone is injured or drowns?
Is a homeowner responsible for swimming accidents that occur on his or her private property?
Does a swimming accident trigger admiralty law jurisdiction?
Does a swimming pool accident trigger admiralty law?
Does a swimming accident involving a jet ski trigger admiralty jurisdiction?
What if a swimmer dives into a navigable waterway off the side of a boat and breaks his neck, does admiralty law apply?
Who should I contact if I want to make a claim to recover money damages for a swimming injury?
Do posted warning signs (e.g., "no life guard on duty," "no diving,” “no running") protect the owner of a swimming pool from liability?
How are money damages calculated?
Who is legally responsible (liable) for injuries that occur in or around swimming pools or spas?
My husband nearly drowned in a health club pool, which resulted in serious brain injuries. Is the health club legally responsible for the lifeguard's failure to follow proper rescue and CPR procedures at the time of the accident?
My child was injured while swimming at a public beach where there was no life guard on duty. Who can we sue to help us pay for our child’s medical expenses?
Are there any money damages that are unique to swimming accident lawsuits?
My 14-year-old child was injured in a pool accident when she dove into a pool seven years ago. Is it too late for me to sue?
If we win my child’s swimming accident lawsuit, who receives the money, us or our injured child?
Our 5-year old son nearly drowned when he wandered into a neighbor’s hot tub with no safety features. Can we sue them to compensate us for his injuries?
While at a party, we were sure our host’s teenage daughter was watching our toddler when she drowned in their pool. Who can we sue?
My child nearly drowned when her foot was trapped in a pool drain at the neighbors’ house. Is there anyone else, besides our neighbors, we could sue to help us pay for our daughter’s trauma and medical expenses?
I was injured during a work-sponsored swimming party. Who can I sue?
Do I have any claims against the pool’s owners from slipping in a large puddle of water by the side of the pool?
I was injured when a diving board broke while I was on it, who can be sued?
My 14 year-old daughter was doing flips into a shallow pool, landed on her head and is now quadriplegic. Will the fact that she knew she should not have been doing flips affect our ability to recover money damages?
My husband was severely brain damaged in a diving accident. If he dies, is our lawsuit against the diving board manufacturer over?
My son did a sailor dive into the pool and broke his neck. Will the fact that he was intoxicated diminish his ability to recover damages in a lawsuit?
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