Everyone who uses a swimming pool must accept that there is an inherent risk of drowning. Therefore, landowners are not automatically liable for such accidents. However, there are certain circumstances where a pool owner may be legally liable for pool accidents and other injuries caused by unreasonably dangerous conditions on their property.
In those situations, support from a knowledgeable slip and fall attorney could make a difference in the efficiency of your civil recovery process and the amount of compensation you receive. Our team has extensive experience handling claims for swimming pool accidents in Merrillville, and we could provide the tenacious and custom-tailored legal guidance you need to achieve the best possible case result.
How Does the Attractive Nuisance Doctrine Apply to Swimming Pools?
Indiana landowners must warn lawful property visitors about known hazards on their land, take reasonable precautions to prevent accidental injuries, and actively inspect their property for potential issues. This means that a landowner should post warnings about safe pool use, install non-slip material on pool decks, and check for dangers, such as loose handrails on entry stairs. Failure to do so could serve as grounds for litigation if the lack of warning directly led to an incident in or around a Merrillville swimming pool.
Furthermore, the attractive nuisance doctrine can make pool owners liable for injuries sustained by unlawful trespassers under certain circumstances. Specifically, owners of property features that may attract curious minors have an expanded duty of care to restrict access to those features. For example, someone with an unfenced pool might be liable for injuries sustained by a young child who easily trespassed onto their property and subsequently fell into the pool.
Contesting Accusations of Comparative Fault
Liability for a young child’s injuries is very different from liability for an adult or older child. Lawsuit delays over swimming pool injuries in Merrillville can occur due to allegations that the injured person was partially or primarily at fault for causing their injuries. For instance, if you knowingly swam without a lifeguard present or ran instead of walked on a wet pool deck, you could potentially be at fault.
If a court agrees with the accusation against the injured party, that court could assign the injured person a percentage of comparative fault for their damages. In accordance with Indiana Code § 34-51-2-5 and Indiana Code § 34-51-2-6, the court could reduce the value of that person’s final damage award by the amount of their percentage of fault or bar them from any recovery if they hold more than 50 percent of the total fault for their accident. A dedicated legal representative could work to prevent these outcomes in your situation.
Contact Our Merrillville Office To Discuss Legal Options After a Swimming Pool Incident
Swim at your own risk is a common refrain of private and public pool owners. However, that does not mean they are completely blameless when someone gets hurt while using their pool, as our premises liability attorneys could help you establish through an insurance claim or civil lawsuit.
During a private initial consultation, we could discuss your options and answer questions about potential next steps based on our knowledge of swimming pool accidents in Merrillville. Contact The Law Offices of David W. Holub today to set up a meeting.