When summer rolls around, there is no better way to beat the heat than by going swimming. However, whether you are going to a friend’s house or heading to the local public pool, swimming pools can be dangerous, especially for children, if proper precautions are ignored.
As such, both private and public property owners are responsible for keeping other people safe from swimming pool accidents in Lake Charles. If you or a loved one has been hurt while trying to enjoy the summer, choose your lawyer carefully and talk with us at Baggett McCall LLC. With nearly 70 years in practice, our premises liability lawyers can help you recover the compensation you need and deserve to heal from your injuries.
When someone sets foot on another person’s property, they have a reasonable expectation to be safe from harm. In this sense, the owner has a duty to maintain their premises so it is free of hazards and to fix anything that could pose a danger to visitors. If a property owner is aware of a hazard they cannot immediately fix, they must at least post a notice to make people aware of it. If someone gets hurt because the owner failed to exercise reasonable care, they can be held liable.
When it comes to accidents at swimming pools in Lake Charles, what constitutes reasonable care may depend on whether it is open to the public or on someone’s private land. Public pools must have adequate supervision, such as a lifeguard, and maintenance staff are required to fix broken equipment. For example, a loose bolt on a diving board or water slide can have disastrous results and should be repaired promptly.
Private pool owners still have a duty to maintain their premises so it is safe for guests, which includes keeping the area surrounding the pool free of tripping hazards. However, they also have a unique issue called the attractive nuisance. This principle holds private property owners liable for injuries to children who are enticed to enter the land without permission because of some artificial object, like a swimming pool. The owner must make an effort to prevent harm to kids, such as having a fence or pool cover when not in use.
If you have been harmed due to a hazardous swimming pool, we can help you pursue legal action against the appropriate at-fault parties for negligence.
If an owner fails in their duty to maintain their property and someone gets hurt, the victim may have a claim to recover damages. This can include basic economic damages, which are anything that can be proven through receipts, bills, and documentation, such as medical care and lost wages, if they cannot work while in treatment. It can also include non-economic damages, which include the less tangible impacts the injury has had on your life, such as emotional distress and pain and suffering. If a victim drowned in a swimming pool accident, the family may have a wrongful death claim.
Sometimes insurance companies try to pin the blame for an injury at a swimming pool in Lake Charles on the victim. The insurer or owner may say that the victim had poor swimming skills or was exhibiting reckless conduct around the edge of the pool. This is why it is vital to have experienced legal counsel, like the team at Baggett McCall, to deflect these attempts to shift blame and keep your claim focused on the owner’s negligence in not keeping the premises safe.
Swimming pool accidents in Lake Charles are preventable with adequate safeguards, but negligent property owners allow dangerous conditions to go unchecked regularly. A lawyer from Baggett McCall LLC can help you and your family seek compensation from the owner if you have been harmed in an accident. We do not charge fees up front; you only pay if we find a resolution for your claim. Contact Baggett McCall LLC for a free initial case consultation.
