Who Is Liable For Non-Fatal Drowning Injuries At A Swimming Pool?
When drowning, your body is deprived of oxygen, and this can cause damage to the brain and other internal organs. If you are rescued from the incident, you may still suffer from serious medical problems for years to come. Therefore, if you suffered a drowning injury in a swimming pool, you may be entitled to compensation for your injuries after you determine who is liable. A drowning accident attorney can help you with this.
Liability for Injuries That Occur in a Swimming Pool
Various parties could be considered at fault for a swimming pool accident. A swimmer in the pool might have caused the injury, or it might have been the result of the swimming pool being inherently dangerous. You may not remember what happened after the traumatic experience, but there may be other witnesses who can explain what happened and assist in your investigation.
Rowdy Patrons and Licensees
A patron is an individual who uses a public pool and a licensee is an individual who is given permission to use a private pool. If another party was responsible for the swimming accident, you may be allowed to sue that party for negligence.
For example, the individual might have been pulling a prank that leads to you being held underwater for an extended period of time, such as by trapping you under an inflatable. In this case, you would need to file a lawsuit against the patron or licensee.
Negligent Property Owners
Your injuries might have been the result of a negligent pool owner. If this is the case, you will want to work with an attorney to gather what evidence you can. However, you will not be able to file a claim against the pool owner if you were not invited to the pool and are considered a trespasser.
One exception for trespassers involves children who wander into the pool area. A swimming pool is governed under the "attractive nuisance" doctrine, and the swimming pool owner will need to make sure that children will not have easy access to the pool.
The swimming pool owner has a duty of care to make sure that the swimming pool is reasonably safe. However, you will need witnesses who can testify on your behalf that the pool was unreasonably dangerous at the time of the accident. Your attorney may be able to track down witnesses and investigate the condition of the pool. Then, you will be able to pursue a settlement with the pool owner.