Public swimming pools are popular places during the hot summer months when you want to relax and cool off. However, as with any pool, there are risks that you could suffer injury or worse. When such accidents occur, understanding your legal rights, which fall under premises liability, is important in determining who holds legal responsibility for your injuries. In most cases, it’s the pool owners and operators.

Premises liability law holds property owners and operators liable for maintaining a safe environment for visitors. This includes public pools, where the duty to ensure safety is paramount. Injuries at public pools can be severe and life-changing, so you must understand your rights and the legal avenues available for seeking compensation.

Luckily, you are not alone. As with any accident, you are advised to consult with an experienced personal injury attorney. Brandon J. Broderick, Attorney at Law is one of the top personal injury law firms in the state of New Jersey. We can provide you the support you need to successfully settle your case.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners and managers responsible for injuries that occur on their property due to hazardous conditions. This legal principle applies to various properties, including private or public pools. Under New Jersey law, property owners must take reasonable steps to ensure their premises are safe for visitors and free from hazards that could cause harm.

Duty of Care

The duty of care owed by property owners varies depending on the visitor's status:

• Invitees: These are individuals who are invited onto the property for business purposes, such as paying guests at a public pool. Property owners owe the highest duty of care to invitees, which includes regularly inspecting the premises for hazards, addressing any dangerous conditions promptly, and providing adequate warnings.
• Licensees: These are individuals who enter the property for social purposes with the owner's permission, such as friends or family. Property owners must ensure the premises are reasonably safe and warn licensees of any known hazards that are not obvious.
• Trespassers: These are individuals who enter the property without permission. Property owners owe a limited duty of care to trespassers, primarily to avoid willful or wanton harm.

Common Types of Pool Accidents

Slip and Fall Accidents

Slip and fall accidents are among the most common types of injuries at public pools. Wet surfaces, uneven tiles, and poorly maintained walkways can create hazardous conditions that lead to falls. These accidents can result in serious injuries, such as fractures, head trauma, and spinal cord damage.

Drowning and Near-Drowning Incidents

Drowning is a leading cause of unintentional injury-related deaths among children, and public pools are common sites for these tragic accidents. Inadequate supervision, lack of barriers, and insufficient safety equipment can contribute to drowning and near-drowning incidents.

Defective Equipment

Defective pool equipment, such as faulty ladders, diving boards, and drains, can cause severe injuries. Property owners are responsible for ensuring that all equipment is properly maintained and safe for use. Failure to do so can result in liability for any resulting injuries.

Legal Aspects of Premises Liability Claims

Proving Negligence

To succeed in a premises liability claim, the injured party must prove that the property owner was negligent. This involves demonstrating the following elements:

• Duty of Care: The property owner owed a duty of care to the injured party.
• Breach of Duty: The owner breached this duty by failing to address hazardous conditions or provide adequate warnings.
• Causation: The breach of duty directly caused the injury.
• Damages: The injured party suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Comparative Negligence

New Jersey follows the rule of comparative negligence, meaning that the compensation awarded to the victim may be reduced by their percentage of fault in the accident. If the victim is found to be more than 50% at fault, they may be barred from recovering any damages. This principle highlights the importance of accurately assessing the circumstances surrounding the accident and gathering substantial evidence to support the claim.

Impact of Premises Liability Laws on Personal Injury Claims

Premises liability laws provide essential protections for victims of pool accidents. These laws ensure that property owners and operators are held accountable for maintaining safe environments. Victims can seek compensation for various damages, including medical expenses, rehabilitation costs, lost wages, and non-economic damages such as pain and suffering and emotional distress.

Navigating a premises liability claims can be challenging, especially if you’re the one who suffered injuries. Consulting with an experienced personal injury attorney can help. Legal representation can provide valuable support in negotiating with insurance companies and representing the victim's interests in court if necessary.

For A Free Consultation With Our Attorneys, Call Today

At Brandon J. Broderick, Attorney at Law, we understand the physical, emotional, and financial toll that pool accidents can take on victims and their families. Our dedicated team of attorneys specializes in premises liability cases and is committed to helping you secure the justice you deserve. If you or a loved one has been injured in a pool accident, contact us today for a free consultation.