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Swimming Pool Safety Requires Shared Responsibility

Posted on in Premises Liability

Swimming Pool Safety Requires Shared ResponsibilitySummer is swimming pool season for both recreational swimmers and personal injury attorneys. There are numerous potential safety hazards at swimming pools that can cause injuries. In the most serious cases, the victim may drown. If property negligence causes injury, premises liability laws allow victims to pursue damages from the person or entity responsible. However, success in a swimming pool personal injury case depends on the circumstances of the injury and who owns the pool.

Liability

When seeking compensation for a swimming pool injury, you must determine who is liable for your injury. Depending on the responsible party, you may have a greater burden in proving negligence:

  • If another person's actions cause your injury, that person is the liable party. Your claim may succeed if you prove the person acted recklessly or intended harm.
  • If environmental conditions at the pool lead to your injury, the pool’s owner may be liable. Pool owners are responsible for maintaining a reasonably safe environment.
  • Illinois law provides local governments with broad immunity from personal injury lawsuits. If you were injured at a park district or municipal pool, the local entity is liable if you prove that it was willful or wanton in causing the conditions that led to your injury.

Personal Responsibility

While there are many ways you can be injured at a swimming pool, not all injuries will entitle you to compensation. Courts assume swimmers have some responsibility for ensuring their own safety. Owners and staff will warn swimmers about the inherent dangers in and around a pool. You may be responsible for your own injuries if you disregard common pool safety, including:

  • Running on a slippery surface;
  • Diving into an area you know is shallow; and
  • Behaving recklessly in or around the pool.

Pool owners can also be free from personal injury liability if the victim was trespassing on the property.

Negligence

Illinois code has safety standards for swimming facilities and requires regular inspections. Pool owners can be liable for injuries if they are negligent in following those standards, including:

  • Inadequate lifeguard staff and safety equipment;
  • No signage to warn of hazards that are not obvious;
  • Broken pool drains and other equipment;
  • Insufficient barriers to divide pool sections; and
  • Contaminated water

Pool Injury Compensation

Swimmers and pool owners share responsibility in preventing injuries. If you believe someone else’s negligence caused your injury, you may be able to receive compensation for medical bills, lost wages and personal suffering. Contact a Barrington personal injury attorney at Lucas Law to discuss your personal injury case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

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