3 Parties Who May Be Responsible for Your Swimming Pool Injuries
During the summertime, there are not too many places as much fun to cool off in New Jersey as a local swimming pool. While a pool can be great gathering places to have fun, they can also be rift with danger. When you combine pool decking surfaces with water and crowds of people, you run the risk of a slip and fall or other types of water related incident occurring.
Swimming pool accidents can often result in very serious injuries and expensive medical bills, but who's to blame? You may be surprised to find out that it might not be you.
1. Property Owner
When trying to figure out who is responsible for your injuries, one of the first things you want to consider is whether the location was safe where you were injured.
Was the property owner negligent in any way in respect to their care and/or maintenance of the property? Did they provide reasonable care of the location to ensure your safety? If the answer is no to either of these questions, the property owner may be responsible for your injuries and in turn responsible for your bills.
In New Jersey, in order to file a premise liability lawsuit you must be able to show that your injuries were caused by an unsafe or defective condition on the owner's property. You must also be able to show that owner knew about or should have reasonably known about the risk and failed to take the necessary steps in order to reduce and/or eliminate the risk.
For example, had the property owner been made aware of the standing water around the pool decking? Did water-slides, pool fountains, or other water features located within the pool over-spray the pool and cause excessive water to build up where there was no mechanism in place to clean it up? Were there loose or missing tiles in the decking? If so, the property owner may be responsible.
2. Property Management Company
If the pool you were injured at is a public pool or one located within an apartment complex, the responsible party for your injuries may not necessarily be the property owner but the property management company.
This liability is because the upkeep and maintenance of the pool is normally the responsibility of the company managing and/or leasing the property. They are usually held to the same level of standard within the premise liability law that the owner would be held to.
3. Swimming Pool Maintenance Company
Were your injuries caused by the caustic chemicals used to clean and balance the pool, such as chlorine and bromine? When used and/or stored improperly, exposure to and/or incorrect levels of these chemicals in the pool can lead to injuries such as chemical burns, eye and ear injuries, and even respiratory damage.
Were you injured due to a malfunctioning or damaged component of the pool? Damaged drains, electrical shortages, and vacuum lines can cause injury and even death. If either of these scenarios apply, and the pool is being maintained by an outside company, your injuries may be the responsibility of the swimming pool maintenance company.
It can often be very difficult to discern exactly who or what has caused your swimming pool related injury. Fortunately, at Borbi, Clancy & Patrizi we have extensive experience in figuring this out, and we will help you to file a personal injury lawsuit in order to recover any money you have had to pay out of pocket, as well as ensure that you are compensated for your pain and suffering. Give us a call so that we can help you.