Posted By: SSF Law Firm Posted On: January 29, 2020
There are plenty of swimming pools in and around the Pittsburgh area. Whether public or private, swimming pools provide great sources of recreation, exercise, and fun. However, if you or a loved one are injured in a swimming pool, who is responsible for covering the damages? At Shenderovich, Shenderovich & Fishman, our Pittsburgh premises liability lawyers want to discuss the elements of a swimming pool accident case. You may be entitled to compensation for what has happened.
Determining who is at fault for a swimming pool accident
When it comes to swimming pool accidents, premises liability laws generally apply when it comes to a pool injury lawsuit.
“Premises liability” is an area of law that is used to determine who is liable when the conditions or use of a building, land, other premises causes harm to another person. Generally, property owners will owe a duty of care to those who have a right to be on the premises. The level of this duty of care depends on whether the ‘entrants’ are invitees, licensees, or trespassers.
Those who are patrons of pools open to the public are usually classified as ‘invitees.’ In these cases, full owners have a higher duty of care and are required to do a reasonable job inspecting and maintaining the pool area so that their guests are not injured.
Those who are using a pool on private property are considered social guests and classified as ‘licensees.’ In these cases, pull owners have a duty to warn guests of dangers that may not be obvious to the average person.
In general, a pool owner does not owe a duty of care to someone trespassing on their property. The exception to this is when the trespasser is a child. All pool owners should take proper precautions to keep children from gaining access to the pool area. This includes installing fences and locking gates around the pool.
A property owner will become liable for any injuries that happened if they breach their duty of care to a licensee or invitee. It is important to note that government agencies who operate public pools may be protected from lawsuits due to the doctrine of governmental immunity.
Our team is standing by to help
If you or somebody you care about has been injured in a swimming pool incident that was caused by the careless or negligent actions of a property owner, the team at Shenderovich, Shenderovich & Fishman is ready to help. We will investigate the swimming pool incident and work to secure the compensation you are entitled to. This can include:
Any swimming pool accident injuries
Lost income and benefits if you cannot work
Loss of enjoyment of life as well as pain and suffering damages
Possible punitive damages against the negligent property owner
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Make an appointment at our Pittsburgh office for your free consultation. We are confident that you will trust us with your legal needs and to fight for what you deserve. We do not charge a fee for personally consulting with you. On every new case, our fee is only 25%. There is no fee unless recovery is made. We invite you to review the significant Pittsburgh, PA personal injury cases we have won.
