Did an outing in someone's backyard swimming pool end in a personal injury? If so, the homeowner may be held responsible and have to compensate you for your loses. Here are some examples of when a homeowner could be found responsible.
They Didn't Fence In The Pool
The first thing to look at is the security of the pool. Is the pool completely fenced in where no one can easily get to it, or is the pool out in the open where anyone off the street could access it if they wanted to? An unsecured pool could actually lead to a valid personal injury lawsuit, especially if a child is involved. This is because swimming pools are considered an attractive nuisance, and a child that is injured while accessing a pool without the owners around, the owners could still be held responsible for the injury. This type of accident will likely happen if a neighbor has a pool, and a child tries to play in it while the neighbors are not at home.
A homeowner should always have their pool fenced off and not easily accessible to others. It is worth looking into your local laws to figure out what they are, and if the pool owner is following the safety guidelines. You may be surprised that there is a requirement for a high fence or a locked gate.
They Allowed Improper Behavior
If you were invited over for a pool party, the homeowner may have told you all about the rules of the pool before you jumped in the for the first time. However, that doesn't mean that the owner is free and clear of any responsibility if an injury happens while you are attending. If there are rules that are supposed to be enforced, the pool owner must be enforcing them as well. For example, if people are not allowed to run along the side of the pool, the homeowner should be saying something when they see improper behavior. If not, they are essentially saying the behavior is okay.
They Didn't Give Warnings
It is also possible that no warnings were given about behavior at the pool to keep people safe. This is more likely to happen if the pool is shallow and it is not marked appropriately. If there is no indication that diving is now allowed and the depth of the pool, someone may dive head first into the bottom of the pool their first time jumping in.
Talk to a personal injury lawyer if you think you have a swimming pool case.