SacramentoSwimming Pool Accident Lawyers

Homeowners have a legal duty of care to guests who come on their property. If there are hidden hazards on the property (such as a swimming pool under a dark cover that is difficult to see), the homeowner could be negligent in failing to warn guests about these conditions. Common mistakes homeowners make with respect to their pools include:

• Failing to provide proper fencing and barriers around the pool
• Failing to provide proper supervision around the water (especially when there are children present)
• Failing to ensure that all ladders, slides, and diving boards are safe to use
• Failing to properly label dangerous areas, pool depths, or other safety information

The law imposes a duty of care on homeowners in order to protect the guests who come on their property. When homeowners fail to warn their guests about hazards they know of, they can be held liable for any injuries that result.

The law imposes a different duty of care when it comes to children. Adults are expected to know about open and obvious dangers - such as a swimming pool. But children are not always able to protect themselves the way that adults can. Some hazards (like pools) even attract children. These hazards are known as “attractive nuisances.”

The law requires property owners to use extra caution with any attractive nuisances on their property. If it is foreseeable that a child would be attracted to a pool, spa, or other water feature, the homeowner must take extra steps to prevent children from being harmed. Reasonable precautions depend on the situation. A gate or cover might suffice, or the area might need to be locked off entirely. Warning signs are not sufficient to protect very young children who cannot read.

Owners and managers of hotels are held to an even higher standard of care than private homeowners. Because they are inviting customers on their property for their own financial benefit, the law requires them to actively inspect the property and make it safe for all guests, meaning that pool areas must be regularly inspected for hazards - like puddles of water. Pool water must be routinely checked and shocked, and reasonable precautions must be taken to protect small children from accidentally accessing the pool area.

Like hotel owners, water park owners are also inviting the public onto their properties for the purpose of making money. This condition means that they, too, must regularly inspect the property and make it safe for all guests. Water parks often have even more opportunities for injuries on slides, rides, water features, and other attractions at the park.

Owners and managers must take reasonable steps to reduce the risk of injuries on these rides. They might need to have an employee monitor the riders or have cleanup crews handle large pools of water or post signs about the safe use of water equipment.

Determining what precautions are “reasonable” will depend on the type of equipment at the water park, the risks that it poses, whether the park took any steps to address these risks, and whether the steps it took were enough to effectively reduce the risk of injury at the water park.

Many towns have municipal pools that are run by the local government. These facilities may also have splash pads, water slides, hot tubs, and other water equipment. Cities that own these facilities can be held liable for injuries that occur on their property. Whenever a government entity is involved in a personal injury case, the claim can be complicated by the legal rule of sovereign immunity.

This rule prevents government agencies from being sued without their consent. Sovereign immunity applies in different ways to different claims against different cities and municipalities. The whole issue can become incredibly complicated, which is why it is so important to consult with a swimming pool accident lawyer about your case. Even in the event that sovereign immunity does apply, you might have different legal claims against different defendants.

The U.S. has strong consumer protection laws that are designed to protect consumers from defective products. When consumers are injured by a defective product, the manufacturer can be held liable for these injuries and ordered to pay the victim compensation for their injuries and losses.

This rule is known as strict products liability. (The liability is “strict” because the victim does not have to prove that the manufacturer was negligent. So long as the product was being used as intended when it caused the injury, the manufacturer will usually be liable.)

There are many products in and around the pool that can cause injuries. Pool water could make swimmers ill if the chemicals used to treat the water are defective. Jets, drains, and other pool parts can cause injuries with strong suction.

In some especially tragic cases, victims are actually held underwater by this suction, resulting in a particularly horrible death. Life vests and other safety equipment can also lead to products liability if it fails.

It is important to note that most floaties and toys are specifically designated not to be life-saving devices, meaning that there may not be products liability if these toys fail to work as a lifesaver in an emergency, though other personal injury claims could still apply to the case. Our Sacramento swimming pool accident lawyers know how to find all potential legal claims that apply to your unique circumstances.