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Determining negligence after a swimming pool accident

Even though summertime is waning, an afternoon spent swimming is still a great way to beat the heat. While time spent at the pool can be fun-filled, it is important to be safe and remember that swimming carries the risk of injury.

Swimming accidents can cause injuries or, in more serious instances, fatalities. Some of these accidents may have been unavoidable. In other instances, the pool owner’s negligence may have contributed to the accident. If the owner had taken the appropriate precautions, the accident may not have occurred.

Slip and fall injuries

Pools would be much safer if all of the water would stay inside of the pool. As we all know, that simply is not the case. As water gets on the floor surrounding the pool, it can quickly become slippery.

If you suffer an injury after slipping on the outside of a pool, you will need to prove duty, breach and causation in order to receive damages from the pool owner.

  • Duty: Pool owners have a duty to inform swimmers on their premises of the potential dangers of using the pool
  • Breach: Proper safety measures should be put in place by the pool owner, including fences and place mats that help make walkways less slippery
  • Causation: It will need to be determined whether the pool owner’s actions contributed to the accident

Attractive nuisance

If a child suffers an injury at another person’s pool, the owner may still be negligent even if they were not invited. This is known as the “attractive nuisance” law. This law applies when an object is constructed—such as a swimming pool—that may attract children to trespass onto the property.

The “attractive nuisance” law means that pool owners need to follow certain safety precautions to help keep children safe. These safety precautions may include:

  • Keeping the pool covered
  • Building a non-climbable fence around the pool
  • Having a telephone nearby in case there is an emergency

If the pool owner fails to follow appropriate safety regulations, they may be deemed negligent if there is an accident.

Swimming is a joyous activity for people of all ages, but the risk of a serious accident will likely always be present. If the unfortunate happens and there is a swimming accident, it is important to review whether the pool owner followed all of the necessary safety regulations.

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Musleh Law Firm
907 SE 3rd Avenue
Ocala, FL 34471

Phone: 352-484-0134
Fax: (352) 732-5744
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