Swimming pools are supposed to be where you go to hang out, have fun, and socialize with your friends, while soaking in some of the hot sun's rays. Unfortunately, sometimes the worst can happen and someone can get injured due to pool chemicals, slick surfaces, or something else entirely. Depending on the situation, you may have legal options against the owner of the pool. Contacting a local law firm can help you determine this. If you are considering a lawsuit, here are three things that you need to take into consideration when filing suit:
1. Who Is the Owner of the Pool?
Your first step in filing a lawsuit is going to be to determine who owns the swimming pool and essentially who is responsible for the swimming pool accident. This is going to be the individual who will be named as the defendant in your lawsuit.
In some cases, this will be an easy task. In others, it may prove to be a bit more difficult. However, if you can determine who the owner of the pool is prior to filing the lawsuit, it will save an abundance of time and energy on your part. After all, if you name the wrong defendant, your lawsuit will be required to be re-filed, which will result in additional (and costly) filing fees and unnecessary time delays.
2. Was Someone Personally Accountable for the Safety of the Pool?
In order for you to be able to prove that someone acted negligently, you must be able to show that there was someone that had a responsibility toward the individual who was injured and they failed in that responsibility. To help you better understand what this means, here are a few examples:
- In states where lifeguards must be on duty, a lifeguard would have a legal responsibility to supervise guests in the pool that they are in charge of.
- Private pool owners have a legal responsibility to ensure that their pool is safe for any guests that they invite onto their property and to swim in their pool.
When that standard of care is not met, it may allow an injured party to claim negligence against that person.
3. Were All State-Required Laws Abided By?
Just as there are speed limit laws, alcohol laws, etc., in your state, some states may have certain regulations when it comes to pools. This is because swimming pools can be dangerous. In some states, it is a requirement for a pool to have some type of a barrier, such as a fence, around it. If there is no barrier up or if a minor is able to maneuver around it easily and winds up getting injured, it is possible to hold the property owner liable.