Swimming pool accidents can bring a tragic end to summertime fun. When an accident occurs, many want to know how and why it happened – and whether anyone should be held legally responsible. When determining liability in swimming pool accidents, there are a few factors to consider:
Condition of Property
Under premise liability, swimming pool owners are responsible for ensuring their pool does not pose a hazard for those who enter their property. In-ground pools without proper fencing could be ruled a hazard if a child enters the property and pool unattended. Owners may also be required to post warning signs alerting swimmers to depth changes within the pool. If property guidelines are not met, the owner of the pool could be held liable for accidents.
Condition of Equipment
Pool owners, both public and private, also have a responsibility to maintain equipment used to keep the pool safe. If water is murky, due to lack of proper cleaning or chemicals, it can be difficult to see a swimmer float to the bottom of the pool. Loose tiles pose a tripping hazard and broken ladders can make it difficult for swimmers to get into and out of the pools safely.
Quality of Supervision
When guests are invited to use a swimming pool, the owner has responsibility to provide proper supervision to swimmers. Pool owners should never allow anyone to enter the pool when proper supervision is not available, especially small children. Determining liability after a pool accident can be a complex process that requires the assistance of an experienced professional. If you have been injured in a pool accident, contact a NY personal injury attorney who specializes in swimming pool accidents to determine whether legal action is the next logical step.