Owning a swimming pool comes with a responsibility to keep people safe. Without proper pool maintenance and supervision, what is meant to be a fun and relaxing time in the water can result in accidents that cause serious injuries.
In many cases, swimming pool accidents occur due to a problem that the pool owner has neglected to repair. Ineffective barriers, inadequate supervision, faulty drain covers, contaminated water, lack of warning signs and slippery floors are some examples of hazards that point to improper pool management.
When filing a premises liability lawsuit, typically the injured person must prove that the property owner knew or should have known about a dangerous condition that needed to be fixed. The property owner may be liable for a swimming pool accident if they owed the victim a duty of reasonable care, the duty was breached, and the breach caused injuries to the victim. Although swimming pool users may sometimes be to blame for their own reckless behavior, the pool owner is still responsible for identifying hazards and removing them.
Illinois property owners can also be held liable for negligence under the attractive nuisance doctrine for swimming pool accidents that involve child trespassers. The law recognizes the fact that children are unable to identify potentially dangerous situations due to their age. Property owners must therefore take reasonable steps to shield children from harm and remove hazards that present a foreseeable threat. For example, they can install safety features like gate locks or ensure the pool has proper supervision.
Proving a pool owner’s negligence is not always straightforward, but it can be done with the help of an experienced premises liability lawyer. If you or your child were injured in a swimming pool accident, you may be able to sue the negligent pool owner for damages. Contact the Chicago swimming pool accident attorneys at Briskman Briskman & Greenberg to learn more.