Above-ground and in-ground swimming pools are a very popular backyard feature for homeowners. However, while spending a day in the water can be fun for people of all ages, it can also be dangerous for people of all swimming skill levels, especially if you swim alone or are not responsibly supervised by the pool’s owner(s).
If you or your child were injured in an accident that you believe could have been prevented, you should speak with a team member from the Law Offices of David W. Holub as soon as possible. You may be able to demand civil restitution for the harm you and your family have unjustly sustained. Support from one of our experienced slip and fall attorneys could be vital to ensuring your case has the best possible outcome. We have experience navigating the aftermath of swimming pool accidents in Lowell and could help you pursue justice.
When Are Private Landowners Liable for Pool Injuries?
Private homeowners who have pools on their property are expected to warn lawful visitors about known hazards associated with swimming and to ensure their pool is maintained well enough that it does not have any potentially dangerous structural flaws. Most Lowell swimming pool accident lawsuits filed by adults on their own behalf center around injuries caused by hazards such as broken tiles, cracked concrete, or unclean water. If a landowner had direct knowledge of such hazards but failed to properly address them, they could be held liable.
When it comes to lawsuits filed on behalf of minor children, pool owners may be legally responsible for injuries that they would not be liable for if it were an adult who was hurt. Most notably, if a child is able to trespass onto private property and access a pool because the pool’s owner did not properly secure it with a fence or something equivalent, that owner might be liable for the child’s injuries under what is known as the attractive nuisance doctrine.
Filing Suit Over a Public Swimming Pool Accident
The owners and operators of pools designated for public use or for use by paying members have additional obligations included in the duty of care they owe to lawful visitors. In addition to being liable for hazards that they knew about but failed to fix or provide advance warning of, landowners who benefit financially from the presence of lawful visitors on their property may also be liable for injuries caused by hazards that they had constructive knowledge of.
In brief, this means these landowners are expected to regularly inspect their property—either personally or through an employee of theirs—for new hazards they have yet to discover so they can quickly fix or restrict access to those hazards after they arise. It may be possible to file suit over an injury at a public swimming pool in Lowell even if the pool owner had no idea that the hazard existed.
Contact a Lowell Attorney To Learn More About Swimming Pool Injury Litigation
If pool owners do not advise visitors about the inherent risk involved in swimming or if they fail to do enough to prevent swimmers from getting hurt, they may be held legally liable for injuries that occur on their property.
Unfortunately, not every pool owner is as diligent about their duty of care as they should be. If this kind of misconduct has affected your family, our team at the Law Office of David W. Holub is here to help. We know how to deal with the legal aspects of swimming pool accidents in Lowell. Contact us today to discuss your case.