What are Premises Liability Rules for Pool Injuries?
While a family swimming pool serves as a wonderful site for recreation and social activities, pool owners should know there is a serious downside. Among children, drowning is the second-leading accidental cause of death, but adults are also vulnerable. While drowning is the worst-case scenario, other serious injuries occurring in pools include spinal cord or traumatic brain injuries incurred while diving or chemical burns from pool disinfectants. Near-drowning may result in permanent brain damage. Slip and fall accidents are also common around swimming pools.
Private swimming pool owners are responsible for letting guests know of the dangers that exist around the pool. For example, the owner must warn anyone using the pool that an entrance ladder is broken, or that the pool is too shallow for diving. Pool owners should also have safety equipment available for guests, such as life preservers. It is the pool owner’s responsibility to ensure their swimming pool is well-maintained.
A swimming pool injury can also occur due to the actions of another person. If one individual is swimming in the pool and another person jumps on top of them, causing an injury, the person who caused the injuries may be held liable.
In New Jersey, swimming pools are generally considered an attractive nuisance, meaning it is an item that may attract trespassing children. The law requires fencing of a specific height around swimming pools, as well as locked gates and appropriate warning signage. If an adult trespasses and injures themselves or drowns in a private pool, premises liability may not apply, since the pool owner did not invite the person onto their property and had no knowledge that a trespasser was using their pool. However, if an uninvited child enters the pool and drowns or is injured, the attractive nuisance doctrine would apply, and the pool owner may prove liable under premises liability statutes.
Pools open to the public are held to many of the same standards as private pool owners and must also comply with state and federal laws regarding public pool operation. Public pool owners must also provide emergency safety equipment for pool users.
South Jersey Personal Injury Lawyers at the D’Amato Law Firm Help Clients Receive Compensation for Pool Injuries
If you or a loved one was injured due to the negligence or recklessness of another party, you need the services of the experienced South Jersey personal injury lawyers at the D’Amato Law Firm. Call us today at 609-926-3300 or contact us online for a free consultation. Located in Egg Harbor Township, New Jersey, we represent clients throughout South Jersey, including Atlantic City.