When a person drowns in a swimming pool, the liability may vary depending on the circumstances of the case. Firstly, if the cause was clearly something that could have been prevented with the help of a lifeguard, it may be a case of negligent lifeguarding, and the liable party would be the lifeguard. However, the pool owner may also be found at fault for negligently hiring the lifeguard when they did not do their duty when it was needed.
If the accident was caused by a defective drain, the product’s manufacturer may be liable for negligently releasing a dangerous product to the public. If the drain caused the drowning due to insufficient inspection or maintenance, then the pool owner can be found liable for not ensuring the safety of the premises for others.
In a slip and fall accident on the pool deck, the pool owner can be found liable for not putting up warning signs of the hazard or failing to clean it up in a timely manner. If the slip and fall were off of a diving board or waterslide that was not designed to be slip-resistant, the product manufacturer of the equipment may be found liable for product liability, as mentioned. However, if the slip and fall were due to degradation of the slip-resistant surface or a failure to properly inspect and maintain the diving board or waterslide, the pool owner may be found liable.
These are simply the more common types of pool accidents that occur. There are certainly more, but in short, an accident due to an inherent issue with the product may be traced back to the product manufacturer and their negligence in designing it, since someone was hurt due to a defect. Whereas an accident that is believed to be due to poor inspection or maintenance of the property can be traced back to the pool owner, whose duty is to keep the premises safe and hazard-free, otherwise to warn people of the hazard. After you speak with an attorney about your case, they will be able to pinpoint liability so that you get the justice and compensation that you deserve.
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