While summer is a great time for swimming, pools can also be very dangerous places. A young child could drown in a pool very quickly and drowning doesn’t always look like what we might expect. Children could be hurt at a hotel swimming pool or a water park, or could drown when they wander into a neighbor’s yard who has a pool. There are myriad different situations in which a young child could face a grave risk of injury when it comes to the presence of a swimming pool and when a child does get hurt, it is important to determine who is to blame for the harm the child experienced.
A Boston injury lawyer can provide representation to individuals and families harmed in swimming pool accidents. It is not just children who could suffer injury in a pool. Adults could drown or be hurt too. Anyone who is injured should talk with an attorney about his or her rights and to find out who can be held accountable for compensating the victim or the family of the victim if the pool accident is fatal.
Who is Responsible for Swimming Pool Accidents?
Property owners, including private homeowners could be held responsible for an accident in a swimming pool if the pool is not properly secured as required by the laws in the state of Massachusetts as well as the laws of the particular municipality where the pool is located. Generally, swimming pools must be kept secured by a barrier, like a fence with a self-latching and locking gate, which children cannot easily access. The pool must be high enough to keep children out – usually at least five feet – and the pool must be enclosed entirely.
If a property owner fails to secure the area around a swimming pool, the property owner can face serious consequences. The owner of a property with a pool cannot defend against liability if a child drowns by claiming the child trespassed on the property. The pool is considered an attractive nuisance because it attracts children but is not safe for them. It is the obligation of property owners to keep kids out of the pool and if they fail to successfully do so, it is their responsibility and they must provide compensation for losses and damages if something happens to a child.
Obviously, private property owners are not the only ones who could be held legally liable if there is an accident involving a swimming pool. If there is a hotel pool or a child is at a water park and something happens to hurt the child, the hotel or water park could potentially be held liable for damages.
This is true, in many circumstances, even if the water park or hotel indicated people were swimming at their own risk. If there was any problem with the pool or water park facilities, such as broken tiles or loose ladder railings which contributed to the injury, the pool or water park can still be held accountable for damages despite disclaiming liability.
If you have suffered personal injury in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — (617) 777-7777.
Drowning Doesn’t Look Like Drowning, June 4, 2013, Slate.com
More Blog Entries:
Slip-and-Fall Injury Suffered by Child Litigated Years Later, April 2, 2017, Boston Injury Lawyer Blog