Raleigh Pool Accident Liability Lawyer
As defined by Raleigh Law, a premises liability pool accident would occur when someone is injured at a swimming pool or swimming facility. There are Local Ordinances and Rules that govern the operation of swimming pools as well as the Common Laws regarding premises liability cases.
If you have been in a pool accident, a compassionate premises liability lawyer can help you hold the responsible party accountable for their negligence. A Raleigh pool accident premises liability lawyer will have an understanding of how local laws may apply to your case.
Children are most vulnerable in these situations because the contributory negligence doctrine does not apply to children under the age of seven. There is a presumption against that when they are between seven and 14. Children are not aware of the dangers of slick surfaces or of diving into the shallow end, or things like that, and therefore are at risk when it comes to pool premises liability cases.
Property Involved in Pool Accidents
A person can be injured at a private home where the individual’s homeowner’s policy comes into play. It could be a private pool or swim club where the person is injured, leading to detailed discussions and analysis of whether the insurance policies would apply to an individual and their status as visitor or member of the pool.
If it is a public pool, there will be a large liability insurance policy that would cover compensable injuries. There may be medical payments coverage on the policies, and that is basically no-fault insurance that is available and can be a couple thousand dollars to help with medical bills, even if the facility or the homeowner did not necessarily do anything wrong.
Attractive Nuisance Doctrine
The attractive nuisance doctrine is not frequently used, but it is there if a child is injured. If an individual is trespassing on someone else’s land, there is not a duty of reasonable care to have the land in safe condition, but the attractive nuisance doctrine says that if there is something there that could attract young children, then there is still a possibility that the owner can be held liable. It is not frequently used, but it is there if a child is injured.
Common Pool Accident Injuries
If it is a slip on a wet surface, someon could suffer broken bone, scrapes on the knees and elbows. The more serious injuries typically occur when someone dives into shallow water and strikes their head on the bottom of the pool.
If the water that was dropped on the surface of a swimming pool and someone slips and falls on it, but the water had not been there long enough for the owner to know about it, that is an accident and there is probably not going to be a case. However, if there is a lingering defect in the way that water collects and there is always standing water and people often slip and fall that may be a responsibility case against the owner if the owner knows about it and does not correct it.
It all comes down to what the owner knew or should have known. If it is something that just happened and they did not have a chance to correct it, that is probably not going to be a case. If it is something that was ongoing and they knew about it being potentially dangerous, then that may be an assignment of responsibility against them. A Raleigh pool accident liability lawyer will have an strong understanding of the matter of responsibility.