Last month, we shared some essential pool safety tips that you and your children should abide by this summer in order to limit the risk of injury. Even if you follow all of these tips, though, it doesn’t guarantee that you or a loved one won’t be injured. If the worst does happen, you need to know your rights. Here is a synopsis of how premises liability works when it comes to pool cases.
Invitees Vs. Trespassers
Premises liability classifies entrants to a property into three categories:
licensees, invitees, and trespassers. For the purposes of these cases, almost nobody will fall under the first distinction, so let’s look at the other two. An invitee is somebody who has permission to access the property, whether by paying admission or some other means. A trespasser, as the name suggests, does not. In most cases, a trespasser loses all right to bring action against a property owner in the event of an injury. The exception to this rule, one that is very relevant in pool injury cases, is children.
Types of Injuries that Trigger Liability
Provided that a public or commercial pool has proper signage and fencing, it will be liable only for those injuries that are caused by the owner’s negligence. That is to say, if you dive into the shallow end and sustain a concussion, you may have difficulty pursuing a case. If, on the other hand, you are forced underwater because of a faulty ladder and end up injured, it will be much easier to assign liability to the pool owner. Understanding the strength of your case is something best left to an attorney.
What About Residential Pools?
According to the U.S. Consumer Product Safety Commission, 75 percent of drowning deaths involving children younger than 15 happen at private residences. Private homeowners need to abide by pool regulations just as surely as businesses do. Fence code in
Missouri is rigid and unambiguous. These cases proceed differently than other pool injury claims, but you can still seek compensation no matter the type of pool or where the injury occurred.
If you or your child has been injured in a pool accident and you want to learn more about your rights, call our office at 314- 293-4222.