Handling Cases Nationwide
While not every pool-related drowning or near-drowning incident is preventable, tragically, many could have been avoided. Because pools attract swimmers who might not be aware of how to examine a pool for safety issues, the law requires pool owners to take reasonable steps to protect swimmers (especially children) from being harmed by the pool. Pool owners are generally responsible for:
- Using appropriate chemical treatments to kill unsafe bacteria and parasites;
- Keeping the pool water clean and free of debris;
- Making sure drain covers are properly placed and secured;
- Ensuring ladders and diving boards are in good repair;
- Placing appropriate warnings near the pool advising swimmers of the dangers present at the pool; and
- Erecting and maintaining suitable fences and gates designed to keep trespassers – especially children – from accessing the pool without permission.
When a pool operator is determined to have acted negligently in a pool injury accident, it means that a judge or jury has found that the actions of the pool operator were careless or unreasonable. Demonstrating that a pool operator is negligent in your injury accident case is a crucial step in being able to recover compensation for your injuries and losses.
While showing the pool operator acted negligently does not require you to prove that he or she intended to harm you, what is careless and unreasonable in one situation can easily be considered reasonable in another situation. Hence, it is best to discuss your case and associated strategies with an experienced pool operator negligence attorney and rely on his or her assistance throughout the lawsuit process.
How Does a Court Determine What is Reasonable?
Depending on your unique case, a judge or jury will ultimately make the decision as to whether the pool operator acted negligently in your particular situation. A judge or jury is required to judge the operator’s actions using a “reasonable person” standard: that is, the judge or jury must ask themselves, “What would a reasonable pool operator have done in these same circumstances?” A judge or jury can consider any number of facts, including:
Type and resources of the pool owner:
A private pool owner with limited means may not be held to the same standards as a company operating a water park.
How noticeable was the danger:
If the dangerous condition that caused the injury was obvious, a judge or jury may find that an operator’s failure to correct the danger or warn others about it was unreasonable. Conversely, a hidden danger or one that was not easily noticeable may convince a judge or jury that the operator did act reasonably.
Any prior incidents involving the same condition:
A pool operator who fails to cover a pool drain and causes injury to you or your loved one might be found negligent if it comes to light that several other people had been injured in a similar fashion at that same pool.
Age of the victim and whether he or she was trespassing:
The age and status of the injured party will often be considered in determining whether the operator acted reasonably. Children are considered to be attracted to pools, so operators must take reasonable measures to protect children who might come near or jump in the pool without permission. This is a different rule than with adults: generally a pool operator does not need to take special precautions to protect adults who might trespass in or near the pool.
What Can a Pool Operator Negligence Attorney Do For Me?
At Zinda Law Group, our goal is to help our injured clients recover the most compensation possible in their case. We do this by investigating the facts of your case and using witnesses and evidence to show the pool operator’s conduct in your case was careless and unreasonable. Learn how our background and knowledge can help you or your loved one by calling ZInda & Davis, PLLC today at (800) 863-5312.