It's the dog days of summer and temperatures are heating up and people are heading to the pools for relief. Pools or waterparks are fun and relaxing they are also dangerous. Water makes surfaces slick, regardless pool owners have a duty to reasonably care in the design, construction and maintenance of the pool and its surrounding areas. Public pool owners are responsible for maintenance and repairs. Private pool owners are responsible to warn people of anything dangerous that isn't obvious.
Should I Sue?
Along with proving who is responsible you will need to prove the owner was in breach of duty, caused the accident, and if the damages are worth pursuing.
It is an owners' responsibility to reasonably ensure the safety of their property so invitees or licensees are safe. An invitee is a patron at a public pool like Cowabunga Bay. A licensee is a guest at a private pool like your friend's house.
Some safety precautions to be aware of are:
- Make the surfaces around the pool slip resistant with mats
- Use the right chemical mix
- Fence in the area
- Wire lights correctly
If an owner purposely neglects their duties, they are in breach and could be responsible for your injuries.
If your injury is in fact caused by the lack of care of the owner, the owner may be found responsible. Causation doesn't cover negligence on your part. Don't ignore common sense and dive into the shallow part of the pool. If it is clearly marked, that's on you.
A minor bruise and embarrassment are not things to seek monetary reimbursement. If you miss a significant amount of work, have extensive medical bills, and legitimately experience pain and suffering, you potentially have a case.
George Tait Law
When you are out recreating, be smart. Remember what your mother told you, don't run and wear sunscreen. Keep a watchful eye over everyone in your party, especially with kids or older adults. If you get hurt and you think it's a situation that could've been avoided, give George Tait Lawa call. Our lawyers are here to help.
Our information source is cited in the article. If you were involved in a incident and have questions about your rights and options, call us or another reputable law firm. No attorney client relationship is established by simply visiting this website.
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