Private Pool Drowning and Premises Liability
Posted on behalf of Phillips Law Group on Apr 01, 2010 in Local
Arizona is hot in the summer. Everyone understands that this is the reality of the climate in which we live, and as a result swimming pools dot the landscape in both suburban and urban areas. While swimming pools offer immediate relief from intense heat, they are also dangerous and present risks for everyone who uses them. Unfortunately, several hundred children drown in swimming pool accidents every year in the United States and several thousand are injured to the point where they need immediate medical attention.
If you have lost someone you love in a swimming pool accident, you need the help of an Phoenix premises liability lawyer. In the meantime, below is a brief explanation of how swimming pool drownings fit into the law of premises liability.
Swimming Pools Are Inherently Dangerous
Premises liability law dictates that someone who is in charge of a piece of property that others will use must keep that property safe for expected visitors. This generally entails protecting those who are allowed onto the property from dangers that they will not otherwise see and to provide clear warnings in order to minimize the risks involved. Swimming pools are a bit different than other types of property because they are always dangerous, even if they are properly maintained and supervised.
Therefore, the duty owed by a pool owner is heightened to include implicit requirements that these pools are constantly supervised and never left for children or others to use by themselves. Basically, locations that are dangerous must be closely managed at all times.
Potential Legal Theories for a Swimming Pool Drowning
There are several different legal theories and claims that could be brought if someone drowns in another's swimming pool. The most obvious would be a lack of supervision that provided the time for the drowning to occur. Another could be that the way the pool was built presented an unreasonably dangerous condition that could lead to head trauma and then drowning. Finally, a theory or claim that's quite common is that the pool was not adequately protected from unforeseen visitors and users by way of gates, high and sturdy fences and alarms that alert people that someone is entering the pool area without permission.
Ultimately, while swimming pools are very useful and desirable in Arizona, they need to be carefully and meticulously managed at all times. If you have lost someone you love to a drowning of this type, contact the Arizona premises liability lawyers at Phillips Law Group as soon as possible to schedule a free initial consultation.