The Risk of Personal Injuries in Swimming Pool Areas

We all love to take a dip in the pool during the summer months, especially on those scorching afternoons—it's holiday time, after all. It is common to see kids splashing around in neighborhood pools during the summer—you probably did the same as a kid. However, the pool can also be a place where accidents occur more frequently.

Lifeguards rescuing unconscious senior man from swimming pool
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A fun day at the pool could turn into weeks at the emergency center. This is a possibility due to several factors, including slippery and wet surfaces, the large number of people in the pool, and many others. “If you get injured at a swimming pool, you should know that you can place the blame on the pool owner if you can prove it. However, this sword cuts both ways—if you own a pool and someone gets injured there, you are also liable for the injuries.” says attorney Jan Dils of Jan Dils, Attorneys at Law. Keep reading to find out more about swimming pool injuries and liabilities.

Common Categories and Types of Swimming Pool Accidents

As long as there is a surface that can get wet and slippery in and around swimming pools, swimming pools (public or private) will always represent a great deal of risk. Swimming pool accidents have quite a wide spectrum—anything from little cuts to drowning accidents. Some examples of these accidents are:

Pool injuries can range from minor to life-threatening. That’s why seeking compensation for these injuries is crucial; it ensures that the victim receives optimal treatment. However, some regions expect swimmers to bear the responsibility and cover the medical expenses resulting from their injuries.

The Pool Owner’s Liability in Swimming Pool Accidents

Most swimming pool injury claims are based on premises liability, a form of injury law where the property or pool owner can be held liable for the injury that occurred on his property. Pool owners are expected to keep their pools free of any object or circumstances that can cause accidents. Even minor negligence—such as failing to fix loose tiles or maintain pool drains—can cause harm. If any such potential causes of accidents are present, the property or pool owner is mandated to inform pool users. Premises liability claims depend on who was present at the pool at the time of the accident and why. There are usually three kinds of people discussed here: licensees (friends and family of the victim), invitees (people who were invited but do not belong to the first category), and trespassers (non-invitees).

Some Swimming Pool Safety Regulations

Safety regulations are provided for all registered pool owners in West Virginia, and it is the duty of owners to be abreast of these regulations at all times. Here are some swimming pool safety regulations for swimming pool owners to follow:

The Doctrine of Attractive Nuisance

The attractive nuisance doctrine holds property owners responsible for any hazards that might entice and harm children, even if those children trespass. Swimming pools are a prime example—kids may be drawn to the water without understanding the risks. Unlike adult trespassers, children are given legal protection because they lack the ability to recognize danger. To minimize liability, pool owners should install secure fencing, locked gates, and warning signs. Failing to take these precautions can lead to legal consequences if a child is injured. If an accident does occur, a personal injury lawyer can help assess liability and potential compensation.

Conclusion

If you do not know where to get started with your swimming pool accident claim in West Virginia, then you may need the assistance of a personal injury lawyer. Your personal injury lawyer can help negotiate with the insurance company to get a fair settlement. If they disagree, you will need to go to court. This is where you will need the best personal injury lawyer you can get.