Premise Liability And Pool Injuries: 2 Factors To Prove


Were you injured at a neighbor's pool? If so, you may have a case of premise liability on your hands. Pool owners have the inherent duty to ensure that the individuals who come onto the property remain safe. When the owner fails at this obligation, the victim of the injury may be able to file a personal injury claim to recoup their damages. However, the only way to be successful in this endeavor is to provide evidence.

An Awareness of Danger

The basis of all personal injury claims is negligence. It does not matter the circumstance; the injury victim needs to be able to show their injuries were the result of carelessness and negligence on the part of the accused. 

For pool injuries, negligence is best proved by showing that the property owner was aware of the danger. Consider a slip and fall injury that was the result of uneven pool decking, for instance. Also, assume that the pool owner had known about the hazard for months. 

The fact that the property owner knew the hazard existed before they invited the injury victim over for a swim shows that they were aware of the danger and did not do their part to protect the individual. The legal phrase for this awareness is a duty of care, and it is hard to move forward without proving this element.

Prevention of Injury

A premise liability claim must also prove that the pool owner did not take the necessary steps to prevent an injury. This element takes the process of proving negligence further because it shows that not only was the owner aware of the danger but that they also did not do anything about it. 

Consider a pool owner that lived next door to a park but failed to install a fence around their pool. Assume a child wandered over to the pool and injured themselves. Property owners must manage attractive nuisances or attractive hazards and ensure they safeguard the public from them.

A pool next to a park without a fence is an attractive nuisance. Although it might seem that the pool owner would not be responsible for someone trespassing on their property, in this instance, it is not the case. If you can prove that the pool owner failed to prevent injuries, it is easier to move forward with a claim.

If you were injured on someone else's property, now is the time to speak with a personal injury lawyer. An attorney can help you collect evidence and obtain any compensation which you are due.


16 June 2020

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