With summer just around the corner, kids and families throughout the Nashville area are getting excited about the opening of local swimming pools. While a pool can provide hours of entertainment and exercise, it also comes with many accident risks. Whether you suffered injuries in a private or public pool, it’s important to discuss your rights with an experienced personal injury lawyer and file a claim.
Swimming Pool Hazards
Sometimes, pool accidents are simply that – an accident. However, many conditions may exist in and around swimming pools that can lead to more accidents and injuries. Some dangerous hazards include:
- Improper barriers around swimming pools to keep out unattended children
- Not having a proper locking mechanism on the gate
- Leaving debris or objects around the pool that may cause someone to trip and fall
- Having glass or sharp objects around the pool
- A rough or sharp floor or the edges of the pool may keep swimmers from putting their feet down or holding on to the edge
- Allowing kids or people to run in the pool area
- Not having accurate depth markers
- Having a broken diving board
- Not having “no diving” warnings
- Failing to inform swimmers if there is no lifeguard on duty
- Not having compliant drain covers for both pools and hot tubs
All of the above hazards can result in serious injuries, which can range from fractures and lacerations to brain damage to fatal drowning, among others.
Premises Liability Claims after a Swimming Pool Accident
Premises liability is a legal concept that applies to cases involving accidents that happen due to hazards on another party’s property. These claims arise in the following circumstances:
- Property owners have the duty to keep the premises safe for visitors
- A property owner breaches this duty and allows hazards to exist
- The hazard leads to an accident and injuries
- Injuries result in losses to the accident victim
These principles also apply to pool accidents. The first step in these cases is often to file an insurance claim with the property owner’s insurance policy. The property owner and the insurer may attempt to challenge the property owner’s liability for the accident, arguing that the injured victim was partially or fully responsible for their own injury.
If an insurance claim is not adequate to get a pool accident victim the compensation they need, they may have to do the following:
- Consider filing a personal injury claim if the victim suffered injuries
- File a wrongful death claim if the victim did not survive
These legal claims are complex, and you need a law firm on your side that knows how to handle the insurance and litigation processes.
Contact Our Premises Liability Attorneys Right Away
Swimming pool accidents can have devastating effects on victims and their families. The legal claims that follow can be challenging, and you need an experienced Nashville swimming pool accident lawyer advocating for you and your rights. Please do not wait to call Bednarz Law at 615-256-0100 or contact us online to schedule a case evaluation today.
