- June 26
- Evans & Herlihy
- Premises Liability
Many of the hazards posed by swimming pools are well known, such as drowning and other submersion injuries. However, some safety risks associated with pools are less obvious. For example, there are health hazards associated with dirty or inadequately maintained pool water.
If the water in a pool is not properly treated with chemicals, it can lead to swimmers’ contracting Recreational Water Illnesses. RWIs encompass a wide array of infections that can affect almost any part of the human body, including the skin, ears and eyes, as well as gastrointestinal and respiratory systems.
RWIs, according to the Centers for Disease Control and Prevention, are caused by chemicals and germs found in swimming water. They are contracted by being in contact with contaminated water in swimming pools, hot tubs, water parks, water play areas, and interactive fountains. They can even be caused by chemicals in the water that become gaseous and cause air-quality issues at indoor pools or aquatic centers.
If you or a loved one has suffered an injury caused by an unsafe pool, contact an experienced premises liability attorney at the Evans Law Firm, toll free at 855-414-1012, for a free consultation.
If a pool owner doesn’t make sure that proper chemical levels are maintained, they could discover that they are facing a property insurance claim or a lawsuit over an RWI contracted by someone using the pool. Conversely, if someone is injured while using a swimming pool on another person’s property due to unsafe conditions or negligence, the property owner can be held liable for damages under premises liability law.
The term premises liability refers to the laws used to determine liability when the use of a building or premises causes an injury. Since pools are considered part of the property or premises on which they are located, this means that premises liability rules typically apply in a pool injury lawsuit.
Broadly speaking, to prove liability in this type of case, the plaintiff would have to establish that:
- A dangerous condition was present on the property, such as unclean pool water.
- The condition caused an injury such as a Recreational Water Illness.
- The pool owner created, knew, or should have known about the unclean pool water.
- The pool owner failed to correct the condition of the pool water before the injury occurred.
Premises liability cases tend to be complex, since they require that the plaintiff prove many elements to prevail at court.
Get the Compensation You Deserve
A knowledgeable premises liability attorney can help you better understand whether you have a case for premises liability and help you determine how best to move forward.
If you have been injured in a pool accident or believe that you acquired a Recreational Water Illness due to someone’s negligence, contact one of the attorneys at the Austin, TX-based Evans Law Firm. The Evans Law Firm has years of experience representing personal injury victims, including victims of unsafe pools. Call today at (855) 414-1012 or fill out our online contact form to schedule your free case consultation.