With summertime upon us, swimming pools across the state will be filled with guests looking to cool off and enjoy some outdoor fun. However, an outing at a private or public pool in Indiana can quickly turn tragic in the event of an injury or drowning. If you or a loved one have been impacted by a swimming pool accident, you may be wondering about your legal options for your losses and damages.
According to the Pool & Hot Tub Alliance, there are over 10 million swimming pools in the United States, with the majority of them falling within the residential category. Indiana accounts for approximately 150,000 of these pools, which are typically used only during a portion of the year. Whether it’s a private home, apartment complex, fitness center, water park, or a hotel/motel, pools can be found in various places throughout the Hoosier state and pose unique dangers for visitors.
Regardless of where a pool is located, private homeowners, landlords, and operators of public facilities are all required to maintain their premises in a safe condition and take reasonable steps to ensure visitors are protected from harm. Failure to do so can result in a premises liability case for injuries sustained in and around their pool area and on their property.
Responsibility for swimming pool accidents can be attributed to various entities, depending on the circumstances of an incident. Homeowners with private pools may be held liable if they fail to maintain their pool properly, particularly when small children are involved. Additionally, inadequate supervision and other types of negligent actions can lead to a personal injury or wrongful death lawsuit.
Commercial property owners, apartment complex managers, hotels, and other related entities are also responsible for the safety of their pools, requiring regular maintenance, proper signage, and if applicable, lifeguard supervision. Negligence related to pool maintenance can also result in liability. When lifeguards are present, employers may be liable if their staff fail to perform their duties adequately, such as improperly supervising swimmers or not enforcing safety rules.
Lastly, manufacturers of pool equipment can also be held responsible under product liability laws if a defect in their product, such as a pool drain or diving board, causes an accident.
In the event of an accident or injury, taking prompt legal action is imperative for the success of a plaintiff’s claim. Documenting the scene with photographic and video evidence, seeking immediate medical attention, and collecting eyewitness statements are all important factors in building a strong case.
It’s important to note that if an accident or injury takes place at a public facility run by the state or a local municipality, pursuing a claim will present unique challenges due to the concept of governmental immunity. This special status may restrict certain types of lawsuits against governmental entities. For this reason, hiring an experienced personal injury lawyer is imperative for obtaining a favorable outcome to a case.
If you or a loved one have been involved in a swimming pool accident or were the victim of negligence from a lifeguard or pool operator, contact Hurst Limontes to discuss your options. Our legal team has over a century of combined experience fighting for our clients. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.
