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Who is legally responsible (liable) for injuries that occur in or around swimming pools or spas?
It really depends on the nature of the accident itself. Liability in swimming pool and spa accidents can be very complex. There are three main legal theories involved - negligence, product liability and premises liability.
Product Liability: If there was an actual problem with the swimming pool, or the equipment attached to the swimming pool, you might file a product liability lawsuit against the swimming pool manufacturers, retailers or distributors.
Negligence: If the equipment was improperly installed, you might have a cause of action in negligence against the installers. The owner of a swimming pool may also be found vicariously liable for the failures of its employees. For example, if a lifeguard’s negligence caused your injuries, the lifeguard's employer would have to pay your damages. The cause of action could also be directly against the employer if it was a case of negligent hiring or training. For example, in hiring, the employer did not screen for the lifeguard’s ability, training, experience, or certification level. If a homeowner has hired a lifeguard to patrol a private pool, the claim would be based on the same type of allegations.
Premises Liability: A premises liability case can also be brought against property owners and municipalities for a variety of inadequacies that cause injuries: lack of adequate warnings, poor or absent safety equipment, lack of safety fencing or alarms, and lack of supervision. Most swimming-related accidents are considered a premises liability lawsuit. A reasonably prudent owner – private and public – would take these precautions to control access to the pool or spa. Without these safeguards, the owner could find himself liable for damages that could run into six or seven figures.
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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