Private Swimming Pool Liability

Your Catastrophic Injury
Case Is Our Top Priority.

Atlanta Private Swimming Pool Liability Lawyer

Atlanta swimming pool liability attorney James Ponton has dedicated his practice to helping those who have been injured by the carelessness of others. Private swimming pool owners must act responsibly or be held liable for any injuries their pools may cause. Contact us today by calling 404-418-850 if you or a loved one has been injured while using a private swimming pool.

When Might a Pool Owner be Liable for a Drowning?

There are several different legal theories that could hold a private pool owner liable for a drowning.

Attractive Nuisance. The “attractive nuisance” legal doctrine holds that when a property owner constructs a hazard on his or her property that is likely to attract the unwary, then that property owner must take appropriate safety steps.

For example, a homeowner decides to install a pool in their yard knowing that the neighborhood has many small children who may become intrigued. The homeowner should recognize that these children do not recognize how dangerous water can be and should take steps preventing unsupervised children from entering the pool.

Negligence. A pool owner might be liable if he or she acts negligently. To establish a negligence claim, it must be shown that the pool owner had a duty to act prudently and failed to do so.

For example, a homeowner decides to install a slide into the pool but does so recklessly. The slide becomes dangerous as it sends children into the water dangerously close to the concrete edge. The homeowner allows children to use the slide despite knowing of the heightened risks. If a child were to use the slide and drown as a result of injuries suffered when the child hit the concrete edge, then the homeowner would be liable.

Inadequate Supervision. Inadequate supervision is a type of negligence that occurs when a private pool owner does not provide appropriate supervision over the pool users. Inadequate supervision can occur at homes or any other private pool (such as a hotel pool).

An example of inadequate supervision is when a home owner is hosting a children’s birthday party. The adults responsible for supervising all the children can become distracted or otherwise not be able to watch all the children at all times. If a child were to drown, then that homeowner might be responsible for having failed to adequately supervise.

Private Swimming Pool Owners and Operators

Private homeowners are not the only ones who are responsible for the safe operation of their pools.

  • Private Swimming Facilities. Facilities that profit from providing open swimming or swimming lessons must take steps to ensure that their guests are protected. This can mean having a qualified lifeguard on duty whenever there are guests in the pool.
  • Hotels. Hotels frequently provide their guests with swimming pools. These pools must be kept clean and safe for guests. Often hotels, and other private swimming pool owners, will try to limit their liability by hanging warning signs or pool instructions. These instructions must be clearly visible, designed to be understood by guests, and appropriate for that specific pool area.

Any business that uses a pool to entice guests is responsible for the safe operation of that pool. Businesses must never be allowed to place profits ahead of the safety of your family. Please contact us online or call Ponton Law today at 404-418-8507 if you or a loved one has been injured while using a pool.

Recent Posts

Articles
July 5, 2019

How Much Your Slip and Fall Case Is Worth

Variable Factors If you slip and fall on someone else’s property, it’s highly advisable that you estimate the value of your claim before taking any legal action. This would allow you to get an upper hand and know beforehand what settlement would be fair and what would be unacceptable. There is no fixed value for a slip and fall settlement. It varies depending on so many factors. One has to know every single detail about the case in order to have an idea of what they should settle for, which is a difficult feat to achieve. Moreover, factors that contribute to slip and falls vary extensively from one case to another. The severity of the injuries for the injured party or the property damages of the defendant where the accident occurred all have to be considered before settling on the amount. It’s really nearly impossible to take them all into…
Articles
July 5, 2019

How Long Slip and Fall Settlements Take

Slip and Fall Case Misconceptions One of the greatest misconceptions about slip and fall cases is that they are easy to win. Many people generally believe that because they slipped and fell on somebody else’s property, it automatically means that they should win the case. Truth is, slip and fall cases are actually very difficult to prove in a trial, and they end up taking months or years in court. According to courtroom statistics, only one in five of slip and fall cases result in a money verdict for the injured party. If one has to go into a trial for a slip and fall settlement, they have to greatly consider how much time, money and effort has to go into the case in order to realize a positive outcome. The Settlement Amount Even on winning the case, most of them settle for a lot less. It is generally believed…
Articles
June 12, 2019

Atlanta Bus Accidents

Ponton Law has handled many bus accident cases. While it is always important to retain an attorney as soon as possible if you are injured in any sort of auto accident, it is very important to retain an attorney involving an accident on a bus. This is important for two reasons. First, many times there will be a limited amount of money to compensate all of the individuals who were on the bus at the time of the accident. For example, in the last bus accident case we did involving a Megabus on I-75, there were 22 claimants who claimed that they were injured. The total available liability coverage to satisfy all of the injured claimants was $1,000,000. With significant injuries, including multiple back and neck surgeries, a $1,000,000 might seem like a lot but would actually be exhausted fairly quickly. Thus, the first to file a claim and pursue…
Articles
June 12, 2019

5 Reasons Why an Atlanta Personal Injury Attorney Will Not Take Your Case

(1) Disputed Liability   In cases where the other side is disputing fault for the accident, it makes it difficult to pursue a claim if the other party is claiming that you were at fault.   For example, the other party claims that they had the green light when they entered the intersection.   Some things you can do to combat this is to obtain copies of the 911 records to see if a passerby called into 911 to report what happened and obtain video surveillance of the area where the accident occurred.    For example, we recently represented an individual who was struck in a crosswalk in the City of Atlanta and was able to secure footage from barbershop across the street which depicted the area where the accident occurred. (2) No Visible Property Damage.    If you were rear-ended by another vehicle and there is no visible damage to…