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Top 5 Swimming Pool Injury Questions, and Answers

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By Christopher Coble, Esq. | Last updated on
For many of us, summertime is pool time. Whether that means rolling the tarp off the pool in the backyard and hosting a party or taking the kids to a public pool for the day, we're going to be spending a lot of time in and around the water. And where we spend a lot of time, injuries are bound to happen. So whose fault is it if you're injured at a pool, and are you liable for injuries at yours? Swimming pools actually occupy a unique place in injury law and can provide unique challenges for pool owners and those injured at pools. So here are the five biggest questions when it comes to swimming pool injuries, and where you can find the answers:

1. What Laws Apply in a Swimming Pool Accident?

Because so many people have swimming pools and there are so many pool-related accidents every year, there are specific injury laws that only apply to swimming pools. And there are also different laws that apply to private pools as opposed to public pools. Find out which may apply to your case.

2. Can You Sue if You Slip and Fall at a Pool?

You were hurt at a pool, and the owner should compensate you for your injuries. Unfortunately, it's not always that easy. Proving the owner was negligent can be more complicated than we expect. This may unfold similarly to other premises liability-type cases.

3. Is Your Swimming Pool an Attractive Nuisance?

It's a phrase most of us don't come across in our daily lives, but when it comes to owning a swimming pool, having an "attractive nuisance" on your property can mean thousands or millions of dollars in legal liability. Essentially, it means that you have something on your property, a pool, that is so enticing to children that they can't help but come onto your property to use it. Even if you don't invite them. And that means you need to take special care to make sure they don't get hurt. Find out how to protect yourself.

4. Should Your Neighbors Have a Fence Around Their Pool?

Part of owning an attractive nuisance is taking the steps necessary to prevent attracting injuries. Many state statutes and court precedents require pool owners to fence off their pools or otherwise prevent children from wandering in.

5. Are Hotel Pool Liability Waivers Enforceable?

It may have been language in the hotel's check-in paperwork or maybe a sign by the pool, but does merely saying that the hotel isn't responsible for swimming pool injuries make it so? It all comes down to whether your injuries were caused by your own negligence or the hotel's reckless or intentional acts. If you have more questions about swimming pool injuries, in general or specifically, you should contact an experienced personal injury attorney in your area. The laws surrounding swimming pool injuries and premises liability are complicated, and an attorney can advise you on local laws. Most are also willing to talk to you about your case for free.

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