Swimming Pool Premises Liability
June 18, 2018
Summer is the season many people anticipate. It is also when many slip and fall accidents occur at pools. Accidents can happen at a neighbor’s pool or at a public community pool. When accidents do occur in or around a swimming pool, who is liable?
Private vs Public Pools
The level of liability may differ whether the accident occurred at a private or public pool. Owners have a duty of care to provide a safe environment in and around the pool. Additionally, many state and local laws require that the pool owner enclose the area around the pool with a fence so that people, especially children, do not wander into the yard and easily access the pool area.
If the private pool owner has followed all the applicable safety laws and has exhibited a reasonable duty of care regarding maintenance of the pool area, then their liability may be decreased. If there is a surface that is dangerous or slippery where people are known to walk, then the owner’s liability will increase.
Additional Negligence
The behavior of the lifeguard present at the public pool may also play a part in determining the level of liability after a slip and fall accident. A public pool may be subject to different state and local laws and whether the owner has complied with each of these laws will also affect their liability. If there is a flaw in the construction of any materials in or around the pool, there may even be liability on the part of the manufacturer, depending on the facts of the accident.
Determining the actions and behavior of the swimmer at the time of the accident also plays a significant role in liability. For example, if the swimmer was intoxicated or was not following the posted rules of the pool, then they may also be considered all or partly negligent for the accident.
Comparative Fault
In a jury trial, the jury may assign a certain percentage of liability to each of the parties involved. For instance, in a situation where the swimmer and the pool owner were both at fault in causing the accident, the jury may assign 50 percent liability to the owner and 50 percent liability to the swimmer. If, at the time of the accident, the swimmer was not following the posted rules, such as ignoring a No Diving sign, then they could be more liable than the owner and the liability of the owner would then decrease. This is a major argument in support of placing adequate and conspicuous signage around the pool.
Philadelphia Premises Liability Lawyers at Nerenberg Law Associates Assist Victims of Swimming Pool Accidents
If you or someone you know was injured in a slip and fall accident, the Philadelphia premises liability lawyers at Nerenberg Law Associates can evaluate the case. We are conveniently located in Philadelphia, Pennsylvania, and we proudly serve clients from the surrounding areas. Contact us online or call us today at 215-569-9100.
