It’s that time of year again. In North Carolina we have gone from Spring to sweltering Summer in a matter of a few weeks. One age-old retreat from the heat is of course the lovely swimming pool. But what happens when a public pool or a private pool is not maintained properly, or when preventative steps are not taken to keep toddlers away from this attractive nuisance? Below, you’ll find some useful information about swimming pool injuries.
Public Pools
As public pools are heavily guarded, a public pool drowning is a rare occurrence. Much more likely is a public pool injury which may occur because of uneven pavement, pool flooring in dis-repair, or some other failure to properly maintain the pool and its surrounding area. Public swimming pool injuries include, but are not limited to:
Slip and Falls on Wet Surfaces
1st and 2nd Degree Burns and Lung Irritation From Pool Chemicals
Drowning
If you’ve been injured at a public pool, this is generally a premises liability injury. If you hire a personal injury attorney to assist you in making a claim against the pool, you’ll typically be making a claim against the insurance policy maintained by the pool association or corporation. In a premises liability claim for a public swimming pool injury, you are generally alleging negligence, the components of which are detailed HERE.
Private Pools
Private pools and the swimming pool injuries resulting from them, can often be more dramatic. Namely, quite often a child who is unable to swim will find his or her way into a private pool and drown in the pool because there is no lifeguard. There are standards set in the state of North Carolina for private pool owners, which are meant to secure the pool area from individuals who are not invited to swim on the property by the property owner. These standards regulate the dimensions of the required fence or wall (referred to as a “barrier” in the codes), including height, gaps, protrusions, and gates.
If a drowning or other injury occurs at a private pool, the claimant typically makes a claim against the homeowners insurance policy of the pool owner. If you own a private pool, you know that your insurance rates increase due to the inherent risk in having open water of this nature on your property. If you’re making a claim against a homeowner for a private pool injury, much like the claimant in a public pool injury, your claim is one of negligence. Essentially you are alleging the pool owner failed to meet the standard of care for a homeowner who owns and maintains a pool.
Talk To An Attorney
If you would like to speak to an attorney about a public pool injury or a private pool injury, please don’t hesitate to call 704.749.7747. We’re here to answer questions—it’s part of the job. You can easily request a phone call HERE. We hope you’ll choose to Recover With Us.