{"id":577,"date":"2021-07-07T12:46:18","date_gmt":"2021-07-07T16:46:18","guid":{"rendered":"https:\/\/www.bavagnolilaw.com\/?p=577"},"modified":"2021-07-29T16:54:29","modified_gmt":"2021-07-29T20:54:29","slug":"who-is-responsible-for-a-slip-and-fall-at-a-swimming-pool","status":"publish","type":"post","link":"https:\/\/www.bavagnolilaw.com\/who-is-responsible-for-a-slip-and-fall-at-a-swimming-pool\/","title":{"rendered":"Who is Responsible for a Slip and Fall at a Swimming Pool?"},"content":{"rendered":"

A slip and fall at a swimming pool has the potential to change your life for the worse in several ways.\u00a0 An injury near the water and surrounding concrete will certainly be quite painful.\u00a0 Such significant injuries have the potential to prevent you from working, cause lifelong pain and necessitate costly ongoing medical treatment.\u00a0 If you are injured while in or near a pool, be careful when selecting your attorney.\u00a0 Choose wisely and your NJ personal injury attorney will maximize your compensation after this unfortunate accident.<\/span><\/p>\n

The Matter of Legal Liability for Swimming Pool Slip and Falls<\/strong><\/p>\n

A swimming pool slip and fall is typically the fault of the property owner.\u00a0 However, in some situations, the sheer clumsiness of the individual who suffered the slip and fall is the sole cause of the incident.\u00a0 In other situations, liability is shared between the property owner and the injured party.\u00a0 The best personal injury lawyers in New Jersey are willing to explore all potential avenues of legal liability.\u00a0\u00a0<\/span><\/p>\n

As an example, if another person in or near the pool played even a small role in causing <\/span>the slip and fall<\/span><\/a>, that individual should be held legally liable.\u00a0 If necessary, multiple defendants will be named and served with your personal injury lawsuit.<\/span><\/p>\n

Premises Liability<\/strong><\/p>\n

Premises liability rules are applicable to slip and falls and other injuries at swimming pools.\u00a0 In layman\u2019s terms, this means the owner of the swimming pool is likely to be held <\/span>legally liable<\/span><\/a> for the slip and fall accident, meaning that property owners will have to provide financial compensation to the injured party.\u00a0 Even if the owner of the pool is a temporary owner, premises liability will still apply.\u00a0<\/span><\/p>\n

It does not matter if the swimming pool is owned by a private individual, a corporation or local government.\u00a0 Personal injury and <\/span>wrongful death lawsuits<\/span><\/a> stemming from swimming pool accidents can be filed against all of these parties.<\/span><\/p>\n

A Legal Duty of Care<\/strong><\/p>\n

Swimming pool owners have a legal <\/span>duty of care<\/span><\/a> to provide swimmers with a safe area.\u00a0 Though few know it, even leaving a fence or gate door open provides access to a backyard swimming pool that can lead to a successful personal injury lawsuit.\u00a0 Swimming pools are <\/span>attractive nuisances<\/span><\/a>, meaning they have nuanced legal liability.\u00a0 The bottom line is even if someone is trespassing when the slip and fall occurs, the property\u2019s owner’s failure to provide a safe space in or near the swimming pool can lead to a costly payout.<\/span><\/p>\n

A savvy NJ personal injury attorney will review swimming pool accident cases from every angle to determine whether the property owner has violated his or her duty of care to those in the vicinity.\u00a0 Even a minor oversight on behalf of the property owner has the potential to set the stage for a successful personal injury lawsuit.\u00a0 If the property owner\u2019s duty of care is violated, the property owner is negligent.\u00a0 Proving another party\u2019s negligence leads to a settlement check or a favorable court award.<\/span><\/p>\n

Indications That the Pool Owner is Legally Liable<\/strong><\/p>\n

Most swimming pool owners assume they merely need a barrier such as a fence or gate outside of their pool to prevent kids, animals and other wayward individuals from entering the space.\u00a0 However, the little-known truth is swimming pool owners can still be held liable for injuries if they fail to meticulously care for the area around the pool.\u00a0\u00a0<\/span><\/p>\n

As an example, if the pool deck has accumulated water, if water\/liquid has spilled around the pool or if the surrounding area has algae growth due to the presence of water, the property owner can be found liable for resulting injuries.\u00a0 In fact, even an uneven walkway, faulty deck, dangerous stairs or other hazardous area around the pool can result in property owner liability should an injury occur.\u00a0\u00a0<\/span><\/p>\n

The property owner has a legal duty to make these spaces safe with mopping and additional maintenance as necessary to eliminate the build-up of water.\u00a0 Property owners are responsible for the timely cleaning of spills and other messes as well as ongoing maintenance to minimize potential hazards.\u00a0\u00a0<\/span><\/p>\n

If you suffered a slip and fall as a result of any component of the pool that has not been properly cared for or maintained, there is solid legal footing for a personal injury lawsuit.\u00a0 Examples of areas in and near pools where slips and falls commonly occur include:<\/span><\/p>\n