Determining Fault For A Pool Injury

A pool injury can often be the result of several factors, including negligent behavior. In a personal injury case resulting from an injury in a swimming pool, fault for the injury must be placed on the defending party for the plaintiff to recover. Below is an explanation of the ways to determine fault in litigation resulting from an injury occurring in a pool.

Identify the Basic Facts

The first step in placing fault is to lay out the basic facts surrounding the event.  The time of day, weather conditions, names of the parties present and how the injury occurred are essential to understanding the event. These will assist in understanding the event and identifying the parties upon who fault may be placed.

Research State Laws

Most states have laws surrounding the operation, use and safety precautions for swimming pools. Often, these rules are different for private and public pools. Prior to attempting to lay fault, research the laws applicable to swimming pools to see if the pool owner or operator violated any of these laws at the time of the accident. If so, that will considerably narrow the field of possible parties upon whom fault may be placed. For example, if the state requires all personal swimming pools to be gated with a latch higher than four feet and the pool at the time of the accident did not possess these requirements, it may indicate that the owner or operator is at fault for the injury.

Note the Age and Ability of the Injured Party

The age, swimming ability and mental capacity of the injured party are essential elements to placing fault for the accident upon a party. A child or handicapped individual would not necessarily be able to understand the risks associated with a swimming pool. However, an adult with extensive swimming experience and skill would be expected to understand the risks of swimming in a pool much better.

These factors are important because they will identify the amount of fault the injured party. While this may not entirely prevent the party from recovering, it may provide a means by which the accused party can reject allegations of fault or reduce the amount of compensation awarded to the injured party.

Obtaining Legal Advice

If you have become involved in a dispute about an injury resulting from the use of a swimming pool, seek legal assistance with your claim or defense. An attorney will be able to analyze the facts of your case and identify the parties most likely to be found at fault for the injury.