Swimming pools are a favorite summertime recreation spot—but every year, thousands of people visit the emergency room due to swimming pool accidents. Slippery, wet concrete makes it very easy for people to slip, lose their balance and fall. This can result in a number of injuries, from sprains and broken bones to head trauma and drowning.
Pool safety is paramount both for swimmers and for pool owners. But whose responsibility is it when someone slips and falls on pavement around a swimming pool?
Swimming Pools and Premises Liability
Premises liability is a type of negligence claim. The idea is that a property owner or manager has a duty to keep it free of hidden dangers. And if they can’t keep them free of danger, they often have a duty to warn about hazardous conditions.
When it comes to swimming pools, the owners have a duty to keep them reasonably free of hazards for “anticipated use.” That means they should expect people to use the pool for swimming, at least, and depending on the equipment provided, diving, jumping, and going down slides. So where do slip and fall accidents factor in?
A pool owner’s duty is to either warn about or remove non-obvious dangers. If your pool is shallower than it appears, or there are other hidden dangers, it’s your duty to fix it or post signs to warn swimmers. However, wet pavement (a leading cause of slip and fall accidents) is not considered a hidden danger. Not only is it quite obvious, but any time you’re around a swimming pool, you should expect that the pavement could be wet.
That means that unless there are other dangers involved, you probably won’t get far with a slip and fall claim against a swimming pool owner. You’re even less likely to recover compensation if you were engaged in risky behavior such as running, jumping, or roughhousing near the pool.
However, that doesn’t mean property owners are never responsible for slip and fall swimming pool accidents. For example, crumbling or defective concrete could be a tripping hazard. In this case, the difference is that the danger isn’t something you’d expect—like wet pavement—and it may not be immediately obvious.
As always, the best way to find out whether you have a strong case is to talk to a personal injury attorney.
Call an Ohio Slip and Fall Attorney Right Away
When you’re hurt thanks to someone else’s swimming pool, you need a lawyer you can trust. Call me today at 877.944.4373 for a consultation. If you have a case, I’ll Make Them Pay!®