What do I have to Prove to File a Swimming Pool Accident Claim?
Swimming pool accidents may involve the injury or death of a person and premises liability claims that require the victim or surviving family to demonstrate to the courts that the defendant is responsible or liable for damages. This may demand certain proof to include a review of the state’s laws regarding premises liability and that the pool was either under the control of a residence or owner.
Fault in the Accident
One of the primary concerns with many personal injury claims or premises liability claims is that of fault. If the individual that suffers the injury is at fault for the accident by acting in a way that caused the incident, he or she is usually the one held accountable. However, if the plaintiff did nothing out of the ordinary, the owner of the property may owe damaged to the victim when either negligent or by not preventing standard forms of harm. Hazards that are either known or foreseeable can cause the incident and lead to severe injury.
Causes of Swimming Pool Injuries
Some common causes of swimming pool injuries are the negligence of the owner or manager of the property. These often exist in areas where hazards are such as tiles that have damaged parts, signposts with chipped edges that could lacerate the skin, or too many chemicals in the pool. Some items that may lay the blame on a company or other party involve defects such as defective products in the pool drainage system or with the water filtration system. Depending on the issue, the matter may become a different type of claim that could remove premises liability.
Negligence with the Swimming Pool
When injured around a swimming pool, the victim must prove that the defect, hazard, or negligence is the reason for the damage caused. This is a necessary requirement for premises liability and for personal injury claims. The courtroom requires a connection between the accident and the physical harm sustained. The doctor’s records about the injuries may coincide with the accident, but the judge or jury panel may need more information to connect the two together. It is important to collect evidence of the scene and what happened along with witness statements to support the claim.
The Injury Connected to the Incident
There are several possible injuries that could occur with a swimming pool that is not often noticeable immediately. Some of these issues happen through contamination of the pool water through chemicals that are too high in concentration or that do not belong in the water. Other problems arise when there are too many foreign substances or additions to the water in a short time. This could even involve the increase of swimmers who bring foreign substances. Without cleaning and maintaining the pool, the contaminants can harm those swimming in the pool. The blame for injuries in these situations often lies at the feet of the owner.
Properly handled chemicals are vital to prevent chemical poisoning or burns from the substances. Another accident can occur through drain suction if the force of water leaving or entering the pool is too strong. The owner must maintain proper procedure with both these issues to avoid a lawsuit for injuries to guests or invited swimmers. Another way to help prevent litigation is through lifeguards present at the pool whenever a swimmer will enter the pool water. This individual can also help to prevent other accidents and injuries.
If you or a loved one was injured in a Pool accident, it would be beneficial to contact an injury attorney to handle your claim against the swimming pool’s insurance carrier. Call the Siman Law Firm for advice on how to maximize your swimming pool injury claim.