07/07/2021 Who is Responsible for a Slip and Fall at a Swimming Pool?
A slip and fall at a swimming pool has the potential to change your life for the worse in several ways. An injury near the water and surrounding concrete will certainly be quite painful. Such significant injuries have the potential to prevent you from working, cause lifelong pain and necessitate costly ongoing medical treatment. If you are injured while in or near a pool, be careful when selecting your attorney. Choose wisely and your NJ personal injury attorney will maximize your compensation after this unfortunate accident.
The Matter of Legal Liability for Swimming Pool Slip and Falls
A swimming pool slip and fall is typically the fault of the property owner. However, in some situations, the sheer clumsiness of the individual who suffered the slip and fall is the sole cause of the incident. In other situations, liability is shared between the property owner and the injured party. The best personal injury lawyers in New Jersey are willing to explore all potential avenues of legal liability.
As an example, if another person in or near the pool played even a small role in causing the slip and fall, that individual should be held legally liable. If necessary, multiple defendants will be named and served with your personal injury lawsuit.
Premises Liability
Premises liability rules are applicable to slip and falls and other injuries at swimming pools. In layman’s terms, this means the owner of the swimming pool is likely to be held legally liable for the slip and fall accident, meaning that property owners will have to provide financial compensation to the injured party. Even if the owner of the pool is a temporary owner, premises liability will still apply.
It does not matter if the swimming pool is owned by a private individual, a corporation or local government. Personal injury and wrongful death lawsuits stemming from swimming pool accidents can be filed against all of these parties.
A Legal Duty of Care
Swimming pool owners have a legal duty of care to provide swimmers with a safe area. 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. Swimming pools are attractive nuisances, meaning they have nuanced legal liability. The bottom line is even if someone is trespassing when the slip and fall occurs, the property’s owner's failure to provide a safe space in or near the swimming pool can lead to a costly payout.
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. Even a minor oversight on behalf of the property owner has the potential to set the stage for a successful personal injury lawsuit. If the property owner’s duty of care is violated, the property owner is negligent. Proving another party’s negligence leads to a settlement check or a favorable court award.
Indications That the Pool Owner is Legally Liable
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. 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.
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. 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.
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. Property owners are responsible for the timely cleaning of spills and other messes as well as ongoing maintenance to minimize potential hazards.
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. Examples of areas in and near pools where slips and falls commonly occur include:
- Diving boards
- Pool stairs
- Pool ladders
- Walkways by pools
- Other pool components that are not properly cared for
If you slip and fall in any of these areas, you deserve a thorough case review performed by one of our personal injury attorneys in New Jersey.
Schedule a Consultation at Bavagnoli & Bavagnoli
If you suffer an injury at a swimming pool or elsewhere and another party is even slightly at fault, you need an experienced New Jersey personal injury attorney on your side. Our legal team will fiercely advocate on your behalf in and out of court. Reach out to us today at (973) 785-9522 to find out more about our legal services and schedule an initial consultation.
