Premises Liability in Swimming Pool Accidents

Summer is just around the corner and that means lots of fun water activities, for both adults and children. One of the most popular places to enjoy the water is a swimming pool, whether in someone’s backyard, a hotel, or amusement park. Unfortunately, swimming pools can also pose safety hazards, resulting in injuries and drownings.  If the hazard was a result of negligence on the part of the owner, then North Carolina’s premises liability laws may apply and victims can pursue damages from the party who is responsible.

Determining Who Is Liable

In order to be successful in a personal injury claim for a pool accident, a North Carolina personal injury attorney needs to first determine who was liable for the incident. The following scenarios may apply in a pool accident:

  • If there were environmental hazards present at the pool which caused the accident, the owner of the pool may be liable because of their legal responsibility to provide a safe environment.
  • If the injury was caused by the actions or behaviors of another person, that person may be liable. Your attorney will need to prove that the person either behaved recklessly or intended to harm you.

If the pool where the incident occurred is owned by a municipality, then North Carolina’s sovereign immunity laws may apply. These laws offer some protections to governments against lawsuits. Your attorney can evaluate your case and advise how to proceed.

What Is My Responsibility?

It is important to remember that not all accident injuries will qualify for personal injury damages. There are situations where the person injured has a responsibility for their own actions and how they behave in and around the pool. Ignoring safety rules, such as diving in marked shallow areas, running on wet and slippery surfaces, or just behaving recklessly may affect your case.

The owner of the pool can be found negligent if the any one of the following situations contributed to the accident:

  • No signs warning of hazards that may not be obvious to pool users
  • Not having adequate staffing of lifeguards
  • Not having adequate safety equipment
  • Broken pool equipment, such as drains or filters
  • Not having sufficient barriers dividing shallow and deep sections of the pool

Contact a Carolina Injury Attorney

If you or a family member has been injured in a pool accident, contact a seasoned North Carolina premises liability attorney to discuss what legal recourse you may have. Even if it is not entirely clear who is the at-fault party, a Carolinas injury attorney will be able to determine which party or parties are liable. At Shapiro & Appleton, our injury attorneys have successfully represented numerous accident victims and have the legal expertise to handle these complex cases with positive results. Call 757-663-5031 for a free case evaluation.

Randall E. Appleton
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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