Swimming pool accidents, such as slip and falls or accidental drowning, are almost always preventable. There are risks involved in owning and using a swimming pool as well as in welcoming visitors to that pool. It is the pool owner’s legal responsibility to take reasonable measures to prevent swimming pool accidents and injuries. As someone injured in a swimming pool accident in Louisville, or the family member of a deceased loved one, reach out to Meinhart, Smith & Manning, PLLC. There could very well be someone financially liable for your damages, and our Louisville premises liability attorneys can help.
Kentucky’s premises liability laws make it a property owner’s duty to provide a safe environment for visitors. Visitors with an express or implied invitation to the property or swimming pool are “invitees,” and have the greatest amount of owed duties of care. Property owners of residential pools, public pools, hotels, schools, and spas all must keep their swimming pools safe by checking for unknown hazards, repairing known ones, and warning visitors of potential risks, such as posting “No Diving” signs.
Failure to take “reasonable” actions to keep a pool safe, resulting in a swimming pool injury, is property owner negligence. What is reasonable depends upon the situation. In general, the courts expect swimming pool owners to put up a fence or barrier around the pool, post appropriate warning signs, maintain the pool, replace old or broken drains, and prevent slips and falls as much as possible. Pool owners even owe these duties of care to trespassers, if the trespassers are children.
Swimming pools are “attractive nuisances,” or hazardous property elements that are likely to attract children. Owners of attractive nuisances must take appropriate steps to prevent the likelihood of a child wandering onto the property, discovering the nuisance, and suffering an injury. If a property owner fails to adhere to these legal responsibilities, and someone gets injured or dies because of it, the owner could face liability for the incident. In these cases, the injured victim must prove the property owner’s negligence and fault for the accident.
Meinhart, Smith & Manning, PLLC has helped many clients learn their rights and legal options following swimming pool accidents in Louisville. We can help injured swimmers, the parents of injured children, or the loved ones of the deceased file claims against property owners and/or other parties who might be responsible for causing the incident. Other responsible parties could be a school, public facility (such as a youth center), or someone who was supposed to be supervising children swimming. Our team can help you go up against one or more parties in pursuit of reimbursement for your injuries, including:
It’s our job to help you learn the power you have in Kentucky’s civil courts, which we can do through an evaluation of your case. We offer consultations for free at our Louisville office, or at your home or hospital if you are unable to travel. Our firm takes swimming pool accidents very seriously and are here for you and your family during this difficult time. Come to us for legal representation, information, and compassion. Call (502) 589-2700 or request a consult online for more information.