Phoenix Pool Injuries and Drowning Liability
Posted on behalf of Phillips Law Group on Apr 08, 2010 in Personal Injury
Swimming pools are almost a staple in Phoenix, Arizona, as there are not many things that help people escape the oppressive summer heat better than a dip in a pool. While swimming pools offer welcome relief for many, the underlying reality is that swimming pools also present danger to those who use them, and there are too many instances of swimming pool injuries and drowning incidents. When such issues arise, the first call you should make is to a qualified Phoenix premises liability lawyer. In the meantime, below is a brief overview of pool injuries and drowning.
Premises Liability Law Governs
When someone is injured or even drowns in someone else's swimming pool, the area of law that governs the situation is known as premises liability. Premises liability is basically a body of law the deals with injuries and fatalities that occur when someone is on someone else's property. Generally, when these situations arise, there are a few questions that must be answered in order for a lawsuit for damages to proceed. These questions include:
- Was the person who was injured or killed rightfully on the property?
- Was the person injured or killed because of a dangerous condition present on the property?
- Was the dangerous condition hidden from obvious view so that those on the property would not realize it?
- Did the property owner know about the dangerous condition?
- Should the owner have known about the dangerous condition?
- Did the owner take steps to either correct the problem or to warn others about it?
- Did the injured party suffer damages as a result of the dangerous condition?
Most if not all of these questions need to be answered in the affirmative in order for liability to attach to a defendant property owner if an injured person files a lawsuit for damages.
Premises Liability and Swimming Pool Injuries and Drowning
In terms of how the law of premises liability applies to swimming pool accidents, it basically comes down to whether or not the owner of the property took reasonable steps to protect those who used the pool from being harmed. Since a swimming pool is an inherently dangerous thing, property owners owe those who are rightfully on the property a high-level duty to provide them with a safe environment. For instance:
- The pool needs to be guarded by a gate or fence to prevent children from wandering into the pool.
- Pumps and drains need to be property covered to prevent injuries to swimmers.
- The pool needs to be supervised when people are using it.
- Any problem or danger with the pool needs either to be corrected or clearly warned about to anyone who uses the pool.
- First-aid kits and a telephone should be nearby in case an accident does occur.
Of course, there are other steps that should be taken that would depend on specific circumstances, but generally, if someone is injured or drowns in someone else's swimming pool, it's usually because of a lack of diligence on the part of the pool owner to protect those who use it.
If you or someone you love has been harmed in this manner, contact the Phoenix premises liability lawyers at Phillips Law Group today to schedule a free initial consultation.