A dip in the pool is an excellent way to beat the heat in the warm weather months. However, owning a pool comes with significant responsibilities.
Whether the pool is in a homeowner’s yard, school, gym, apartment complex, hotel, or municipal facility, the owners and operators are responsible for keeping users safe. If you or your child are among the many people who suffer injuries due to swimming pool accidents in Bartlett, contact a qualified premises liability attorney.
An experienced legal professional at Reaves Law Firm, PLLC, could review the circumstances of your case and explain whether you have grounds for legal action. If so, they could help you prepare your claim and get the compensation you deserve.
Drowning is the event all swimming pool owners and users fear. Drowning is deadly, and near-drowning could leave a victim with permanent impairment.
However, drowning is not the only serious injury a person could experience in a swimming pool. Other risks associated with swimming pool mishaps include the following:
Proper pool maintenance and supervision could prevent many of these injuries.
When one party’s failure to exercise reasonable caution leads to another person’s injury, the negligent party is liable for the injured person’s damages. A qualified Bartlett attorney could assess a particular swimming pool accident to determine whether someone’s failure to take reasonable care contributed to the incident.
Anyone seeking financial recovery for swimming pool accident injuries must prove another party was negligent. The pool owner could be at fault if they failed to provide adequate supervision or if poor maintenance led to an injury, though other parties also could be liable.
For example, if the problem with the pool is due to faulty installation, the builder could be held legally accountable. If the pool equipment malfunctioned due to a defect, and the malfunction was a direct cause of the injury, the manufacturer might be responsible.
A proactive Bartlett lawyer could identify every party whose conduct potentially contributed to the swimming pool accident. Bringing claims against multiple parties increases the likelihood that an injured person receives adequate compensation.
In general, property owners have no obligation to ensure their premises are safe for trespassers. However, there is a limited exception called the attractive nuisance doctrine.
Tennessee Code Annotated § 29-34-208(c) codifies this doctrine. It makes property owners responsible for harm to children who trespass when the property contains an artificial feature that could lure children and be dangerous to them. A swimming pool is an excellent example of an attractive nuisance. Children are attracted to water, and many lack the judgment to evaluate the danger of entering the water unsupervised.
Swimming pool owners must take effective measures to keep trespassing children out of a swimming pool. At a minimum, the pool must have a fence and a locked gate. Additional measures like a cover, alarm, and motion-sensitive spotlighting are reasonable precautions. When a child trespasses and suffers injuries or dies in a pool on another person’s property, the owner could be liable.
Getting comprehensive compensation after swimming pool accidents in Bartlett can be challenging. Insurance companies might try to blame you for the incident to avoid paying a reasonable sum.