Almost everyone enjoys a dip in a pool on a warm summer day. Yet absolutely nobody enjoys getting a serious injury because someone failed to provide a safe environment to swim in.
Sadly, such injuries are common. Drowning is the third-leading cause of death worldwide, and roughly 390 Americans die in swimming pools annually according to the U.S. Consumer Product Safety Commission. Many thousands more are seriously injured.
Improper or inadequate pool maintenance is often the primary culprit in such circumstances.
You may not immediately realize it by looking at a swimming pool, but there are many ways deaths and serious injuries can occur if proper pool maintenance is not observed. These problems can include:
Fortunately, victims of such negligence can sue in a court of law to be compensated for any injuries or hardships they’ve suffered under premises liability laws.
To successfully recover in a premises liability case, one must show that the pool’s owner, maintainer, or manager, owed you a duty of care; and that duty was breached, which caused an injury.
While laws vary between some jurisdictions, generally, if a pool’s owner or manager knows about a hazard in (or around) the pool, and fails to fix it, then it’s typically actionable under premises liability laws. The same holds true for a pool’s owner or maintainer that creates a hazard due to improper, or irregular, pool maintenance.
Once an injury occurs, a victim may choose to hire an attorney to help negotiate a settlement or pursue litigation.
Victims can receive compensation for their financial losses (such as medical bills, time missed from work and/or future lost income), pain and suffering, and even property damage if personal items were damaged.
Pool premises liability cases can be very complex, so it’s important to work with an experienced attorney — one who specializes in premises liability litigation – as early in the case as possible. An experienced advocate in your corner can help ensure that you are treated fairly by insurers and opposing attorneys.
If you have been injured in a swimming pool because of improper maintenance, we urge you to contact Mansell Mansell Ayala + Villaneda immediately for a free consultation. We have the experience to handle even the most complex premises liability litigation, and we zealously fight for all of our clients.
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