According to the CDC, 3,500 people die from unintentional drownings not related to boating every year. Many of those deaths occur in swimming pools located on the properties of hotels, apartment buildings, and condominium complexes. The owners of these properties are responsible for ensuring that their swimming pools are safe and that they have warning signs up regarding the risks associated with swimming pools. When property owners fail to do this and someone becomes injured or killed in their swimming pool, they can be held liable.
Responsibility of Property Owners
Property owners are responsible for ensuring that their property is safe and well maintained, and that includes swimming pools on the property. When it comes to swimming pools specifically, property owners are responsible for:
- Maintaining proper chemical levels in the water of the pool to protect swimmers against the spread of an infectious disease
- Cleaning and sanitizing pool decks, countertops, and furniture on a regular basis
- Providing showers for swimmers to use before and after using the pool
- Maintaining all pool areas, including decks and all surfaces in and out of the pool, to ensure they are safe and in good condition
When property owners do not meet these responsibilities and someone becomes hurt or sick while using the pool, they are considered negligent, and injured individuals can hold them liable for paying compensation.
Challenges With Swimming Pool Accident Claims
Like all personal injury claims, those involving swimming pools are complex. An individual may run into many challenges when filing these claims.
The first challenge is determining who was at fault for the accident. This becomes particularly difficult when the pool is located in a complex rather than on a private residential property. Apartment building owners may outsource the maintenance of their pools, and any company that negligently performs work may also be held liable. However, property owners are always responsible for regularly inspecting and fixing unsafe conditions, so they could still be found partially liable.
Also like in many personal injury claims, the negligent party may try to shift blame to the accident victim. They may say that the injured individual was engaging in horseplay, ignoring warning signs prohibiting running on the deck, or otherwise acting carelessly. It is important that accident victims know how to combat these claims so any compensation they are awarded is not reduced.
Evidence is crucial in swimming pool accident claims. Any time someone is injured, they should take pictures of the hazardous condition right away, before the property owner can correct it. Witness statements from other swimmers at the pool that noticed the dangerous condition are also helpful in community swimming pool accident claims.
Our California Personal Injury Lawyer can Help With Your Claim
No one should ever become injured for enjoying a day at the pool. If you or someone you love has been injured, our San Francisco personal injury lawyer can help. At Brod Law Firm, we know how to determine who was liable for your injury, and collect evidence to hold them accountable for paying the compensation you deserve. Call us today at (800) 427-7020 or contact us online to schedule a free consultation and to learn more about how we can help.