If you’ve been injured due to a pool-related injury in Alabama, then you may have a right to sue and recover damages from the pool owner. Swimming pool injuries are common, but few plaintiffs understand how liability works in this context. Let’s take a closer look.
Pool owners must maintain reasonably safe premises (under the circumstances) and warn users of any hazards.
For example, if a pool area has smooth tile (not a rough, textured surface) and it is wet, it could pose a slipping hazard. Depending on the danger, the pool owner may have to either clean up the spill to correct the slipping hazard or put up signage warning users about the risk so that they can avoid it.
In Alabama, as in other states, there are several regulations associated with swimming pools. Pool owners must maintain four-sided isolation fencing that is at least five feet high, with self-latching gates. Further, toys must not be left in the pool as it may be considered an attractive nuisance for nearby children.
Pool covers must be in place, and some pools (if they are large enough) must have a lifeguard on-duty. Safety devices may also be necessary.
Importantly, some pools must include signage indicating various operational concerns: the hours of operation, whether the lifeguard is on-duty, etc.
Whether or not the pool has a lifeguard (or is simply under the supervision of a private owner, as in a backyard pool at a personal residence), the pool owner can ostensibly be held liable for a failure to supervise the area properly.
Lifeguards have many duties and may be responsible for a large number of people at once. If they are not well-trained, or if they are distracted, then they might fail to identify a person in need. Negligent lifeguards are common, particularly since lifeguard ranks are often filled with young volunteers and part-time seasonal workers.
It is up to the pool owner to either supervise the pool area appropriately or to hire a lifeguard who can properly supervise the area. In fact, negligent lifeguard assistance could give rise to vicarious liability, allowing the injured plaintiff to sue and recover from the pool owner.
Cross & Smith is a Tuscaloosa-based litigation firm with extensive experience representing plaintiffs in personal injury disputes, including cases that center around swimming pool injury liability.
Over the years, we have developed a unique, client-centered approach. Unlike many of our competitors, we engage closely with clients from an early stage in litigation, gaining insight into the particularities of their cases. This enables us to craft a highly-personalized legal strategy for the client. Further, our trial-readiness gives us the leverage we need to push for a favorable settlement, where possible.
If you’d like to get in touch with an experienced Tuscaloosa personal injury attorney at Cross & Smith, call us at 877-791-0618 or contact us through our website to schedule a free and confidential consultation today.
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Posted By: Robert Upchurch