Pool Accidents & Premises Liability: What You Need to Know
Posted By Salvador Phillips, PLLC || Apr 20, 2017
As things heat up in Phoenix and throughout the state of Arizona, local residents will be sure to cool off by hitting the pool. Whether you decide to enjoy the water at a residential pool, a community or private pool, water park, or public pool, it is important to remember that safety should always be a priority, especially with children.
Swimming pools present a lot of risks, from slip and fall accidents on wet surfaces around the pool to diving accidents and submersion or drowning injuries. By ensuring children are supervises and that anyone enjoying the water follows the rules, you can reduce the risks of preventable injuries. Unfortunately, even the most safety conscious person can suffer harm when others are negligent, especially property owners.
At Salvador Phillips, PLLC, our Phoenix personal injury lawyers want everyone to enjoy their time in the water safely this spring and summer. We also want local residents to better understand their rights when it comes to preventable injuries that occur on the property of another. To help, we have put together a few important things to know about pool accidents and premises liability.
- What is premises liability? – Premises liability is an area of law that requires property owners to take reasonable measures in ensuring their premises is safe for visitors and guests. When it comes to swimming pool accidents, property owners have a duty to address dangers they know, or should know, put others at risk. When they fail uphold this legal duty, they can be held liable for the injuries and damages victims suffer as a result.
- Who can be held liable for a pool accident? – Who can be held liable for a pool accident will depend on the individual facts of a case. In regard to premises liability, property owners who owe a duty to keep visitors and guests safe, but fail to do so, can be held liable for damages the victims incur as a direct result of their failures. As an example, a water park that allows too many people in a pool so that it exceeds capacity and increases risks of submersion injuries or drownings could be held liable if any victims suffer harm.
- What do victims have to prove in a premises liability claim? – Premises liability claims are similar to other personal injury claims in that they are hinged on proving negligence. Essentially, there are four key elements of a premises liability claim: (1) showing that a duty existed for the property owner to keep the victim safe, (2) showing that the property owner failed to uphold this duty, such as through an act of negligence, (3) proving that a property owner’s negligence more likely than not cause a victim harm, and (4) illustrating how the accident resulted in a victim’s injuries and damages that should be compensated.
- What damages can victims recover? – Victims are eligible to recover damages directly resulting from their preventable accident and injury. Typically, these include medical expenses, lost income, pain and suffering, and more. In some cases, particularly those resulting in serious injuries or wrongful death, victims’ families may be able to recover compensation for the losses and emotional injuries they have endured as a result of their loved one’s injuries.
Premises liability cases can be challenging, but our legal team at Salvador Phillips, PLLC is fully prepared to help residents throughout Phoenix and the surrounding areas protect their right to compensation when others cause harm as a result of negligence. If you or someone you love suffers an injury on another’s property, do not hesitate to contact our firm to discuss your case and rights during a FREE consultation.