Who’s Responsible For Your Swimming Pool Accident In Nashville, TN?
While everyone loves to spend time in swimming pools during the hot summer months in Tennessee, pools can be a safety hazard if swimmers are not adequately supervised or the pool is not properly maintained.
Residential and commercial property owners who have swimming pools have a duty to provide a safe environment to their guests. When a property owner fails to maintain a safe environment, swimming pool accidents are likely to happen.
If you or your child sustained injuries in a swimming pool accident, contact our Nashville premises liability lawyer Colin B. Calhoun to determine who can be held responsible for your injury and pursue the compensation to which you are entitled.
Causes of Swimming Pool Accidents in Tennessee
While a large percentage of swimming pool accidents, particularly drownings, are the result of the swimmer’s lack of swimming ability, there are many other causes of injuries in swimming pools:
- Inadequate supervision
- Lack of barriers
- Lack of life jackets
- Alcohol/drug use
- Improperly maintained pool equipment
- Unmarked pool depths
- Slippery pool decks
- Overcrowded pools
- Drain entrapment
- Poorly lit pools
- Untrained or distracted lifeguards (or lack thereof)
In many swimming pool accidents, it is essential to speak with a knowledgeable premises liability lawyer to determine what caused the swimmer’s injury. Once you know what caused the accident, you can identify liable parties.
Who Can Be Held Liable for a Swimming Pool Accident?
A property owner who has a swimming pool on their premises is obligated to protect their guests – and even trespassing children – from harm. A property owner can be held liable for a swimming pool accident when the accident occurs as the result of their failure to:
- Maintain pool equipment in good condition
- Fix faulty or defective pool equipment
- Hire a sufficient number of lifeguards
- Provide adequate training to lifeguards
- Install locked gates to prevent trespassing
- Provide non-slip surfaces
- Post warning signs
- Install high fencing
- Comply with applicable ordinances
Residential and commercial property owners must maintain their swimming pools in good condition to prevent accidents and injuries. If a guest is injured as a result of the owner’s negligence or carelessness, they can pursue a lawsuit to recover damages.
However, it may be necessary to hire a skilled premises liability lawyer to prove that the property owner was negligent or careless. Your lawyer will gather sufficient evidence to prove that the owner of the property can be held responsible for your swimming pool accident.
Are Property Owners Liable for Trespassers’ Swimming Pool Injuries?
Typically, homeowners and businesses that have swimming pools on their properties do not owe a duty of care to trespassers. Thus, if you are injured in someone else’s swimming pool after entering the property unlawfully, the property owner may not be held liable for your injury.
The only exception is Tennessee’s attractive nuisance doctrine. Under the doctrine, a property owner can be held liable for a child’s injury if the child was attracted by something on the property, such as a swimming pool, even if the child was trespassing at the time of the accident.
Do not hesitate to speak with a Nashville premises liability lawyer if you or your child suffered injuries in a swimming pool accident in Tennessee. Our attorney at Calhoun Law, PLC, is prepared to help you pursue the compensation you deserve. Call 615-375-4773 for a consultation.