Swimming Pool Accidents
Injured in a Swimming Pool?
Our Swimming Pool Accident Attorney Holds Negligent Parties AccountableSwimming pools are fun for all, but they can also pose a safety risk to all, even experienced swimmers. Perhaps the most common swimming pool accidents involve children wandering into a backyard, falling in a pool, and drowning. Still, thousands of other types of pool injuries occur each year as well, many of them catastrophic. If you or a loved one sustained injuries in or around someone’s pool, then that person may be liable for your damages. An experienced San Jose swimming pool accident attorney can help you hold the responsible party accountable. The Law Offices of Braid Pezzaglia has numerous years of experience representing plaintiffs in litigation and negotiating settlements in personal injury matters involving swimming pool accidents. Our swimming pool accident attorney will meet with you, at no cost, to discuss your case. Once we determine the best course of action, we may be able to help you in insurance negotiations and/or litigation.
Who Might Be Responsible for a Swimming Pool Injury?The question of who may be liable in a swimming pool injury depends on how the injury occurred. Usually, pool accidents happen due to someone’s negligence. To establish negligence, you must be able to prove that an owner or occupier breached their duty to keep the premises reasonably safe and an injury resulted that would not have occurred but for the breach. Under premises liability law, the parties who may be liable for swimming pool injuries include:
- The owner of a residential swimming pool.
- The owners or owner of property with a pool used for the benefit of tenants, guests, or members. This may include apartments, hotels, campgrounds or health clubs.
- Where a municipal swimming pool open to the community or a school swimming pool has a dangerous condition that causes an injury, the municipality may be held liable.
- Property lessors or operators may be held accountable if they fail to take reasonable measures to protect pool guests.
How do Swimming Pool Accidents Occur?In the case of a swimming pool, the property owner has a legal duty to take reasonable precautions to ensure their pool is reasonably safe for users, or anyone near the pool. These precautions may include:
- Pool Gates and Proper Fencing. Unfenced ground pools are 60 percent more likely to have a swimming pool injury occur than are pools with proper fencing. The property owner may be held accountable if it can be shown that a reasonable pool owner, under like conditions, would have had safety features such as fencing and locking gates installed.
- Warning Signs. Pool owners can be held liable for pool accident injuries where she or he failed to post adequate warning signs. An owner must warn swimmers of possible dangers; this might include signs indicating the water’s depth or a “no lifeguard on duty” sign.
- Proper Supervision. A pool open to the public as part of a business has a greater legal duty to protect swimmers. When they fail to provide a lifeguard, they may face liability. When a lifeguard is negligent, then the employer may be liable for the pool injuries or deaths that occur.
- Regular Pool Maintenance. Failure to properly maintain a pool or keep safety equipment in good condition may result in in injury. When this happens, then you may be able to file a claim against the owner. For instance, a partially filled pool may cause injuries if someone hits their head on the bottom. Alternatively, the person responsible for maintaining the pool could be held accountable for a drowning or injury resulting from slipping on debris.