Hurt In A Swimming Accident? 4 Factors That May Make You Liable

If you're injured on public property or at someone's residence, you may be able to sue for monetary compensation. Such money will come in very handy when the medical bills start rolling in. However, to win your case, you must show the court how the owner of the property was responsible for the accident. You must also prove that you weren't liable, even partially liable, for the incident. If the judge finds you liable or partially liable, it may reduce your reward or cause you to lose your case. Following are four factors that may make you liable for your injuries. 

Trespassing on Property

If you're injured at a public pool, you have to show that you had permission to be there. If you jumped the fence or trespassed, you may not be able to hold the owner accountable. Private residences are a bit different. You may still be able to sue if you or your child was attracted by the pool, and there weren't safety features in place to keep you out of the pool.  

Ignoring Pool Safety

Pools have safety rules, and you should follow them at all times. If it's clearly posted that you're not supposed to run near the pool, you may not be able to seek compensation if you get injured while running next to the pool. Drinking alcohol while swimming is also a safety violation. If you were intoxicated at the time of the accident, the court may find you solely liable. In order to win your case, you must show that you were following all of the rules for the pool. 

Absence of Negligence

Sometimes you have to prove that the pool owner was negligent in some way. Broken equipment, damaged decking, and inadequate signage are all examples of negligence. In the case of damage, however, you may have to prove that the owner was aware of the damage. 

Ignoring Deterrents

Homeowners are required to take measures to keep unwanted guests and neighbors out. For example, they should have fencing around their in-ground pool and remove the ladders from their above-ground pool when it's not in use. If deterrents are present, and you simply ignore them, you may be held liable for your injuries. 

Pool injuries can be serious. However, most injuries can be avoided if both the owner of the pool and the guest adhere to common-sense safety measures. For more information on whether you can receive compensation for your injuries, contact a personal injury lawyer.


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