A day at the public pool should be about fun, relaxation and beating the summer heat. However, when an accident occurs, it can quickly turn into a nightmare. If you or a loved one experiences a serious injury at a public pool, it’s easy to feel overwhelmed and unsure of what to do next.
It’s also natural to have questions: Was someone at fault? Could someone have prevented this accident? What are your rights? Understanding the elements of negligence can help answer these questions and provide a clearer path forward.
Breach of duty of care
Duty of care refers to the legal responsibility of public pool operators to ensure the safety of their patrons. This includes:
- Maintaining clean and safe pool conditions
- Providing proper supervision, including lifeguards when required
- Ensuring all safety equipment is in place and functional
- Following all state and local pool safety regulations
Pool operators owe this duty to all lawful visitors, including swimmers, spectators and even those just relaxing poolside. A breach of duty occurs when pool operators fail to meet these responsibilities.
Causation
For a negligence claim to be valid, the pool operator’s breach of duty must be the direct cause of your injury. This involves two key aspects: proximate cause and cause-in-fact.
Proximate cause means the harm must have been a predictable outcome of the operator’s actions or inactions. For example, if a pool operator doesn’t fix a broken ladder, someone could easily get hurt using it. This is a predictable outcome the operator should have foreseen.
Cause-in-fact means your injury happened because of the pool operator’s carelessness. Would the injury have occurred if the operator hadn’t been negligent? If the answer is no, then the operator’s actions – or lack of action – caused your injury.
Damages
Damages refer to the harm you’ve suffered due to the accident. This may include:
- Physical injuries requiring medical treatment
- Property damage, like damaged personal belongings
- Lost wages due to inability to work
- Pain and suffering
It’s important to keep detailed records of all your expenses and how the injury has affected you to support your claim for damages.
A day of fun shouldn’t end with a life-changing injury
If you’re grappling with the aftermath of a public pool accident, an attorney can help you understand your legal options and work towards a fair resolution.