my personal injury lawsuit story

« Back to Home

Factors That Determine Whether You Can Sue Over Your Public Pool Injury

Posted on

If you are injured in a public swimming pool, and you have now received medical treatment, you might wonder how you will pay for your medical bills. You might be able to sue the owner of the public pool, but only after taking into consideration certain facts.

The Safety Measures Put In Place

Public pools are required to install certain safety measures that are mandated by federal and state law. Barriers and latches are necessary to prevent unauthorized persons from entering the pool, especially when there is not a lifeguard currently working. Safety and security equipment include anti-entrapment devices, warning signs, pool alarms and child-resistant fencing.

Whether You Were Invited

The pool owner is more likely to be held liable if you were invited to use the pool. For instance, if only those who are residents of a particular neighborhood are allowed to use a pool, the degree of liability for the public pool owner would be less if the individual injured was not from the neighborhood. However, if the pool doesn't contain an essential piece of safety equipment, the public pool owner might still be found fully liable for an injury to someone who was not invited. 

Also, if the individual is trespassing on the property, the public pool owner may not be held responsible, especially if the trespasser took extraordinary measures to bypass security measures. For instance, if a teenager uses bolt cutters to enter the pool, the pool owner would likely not be held liable.

Whether There Were Adequate Warnings

If there are any unique risks for a swimming pool, it is a requirement of the public pool owner to warn guests. For instance, if a pool is too shallow for diving, it would be required to post a sign that reads "no diving."

If There Was An Emergency Phone Number

It is usually required to provide an emergency safety number for when someone is injured using the pool. If this number isn't provided, the public pool owner might be held liable, especially if an invitee is injured and unable to receive prompt medical care.

If The Safety Equipment Is Damaged

If the public pool includes safety equipment but the equipment has been broken for a long period of time, the pool owner could still be held liable. If a gate has a lock that is broken and a child is able to wander into the pool and becomes injured, the pool owner would be held liable.

To successfully sue a public pool for your injuries, you will need to gather evidence of what happened. This can be challenging without the assistance of a premise liability specialist. With an attorney from a company like Goebel Law Office, you will have a better chance for fair proceedings.