Pool Injuries and Premise Liability in Texas
A day at the pool is a common activity for an enjoyable time or a great workout. However, negligence by a pool owner, supervisor of the pool, or maintenance person could cause significant harm or death.
A business, homeowner, local government, or other pool owner could be at fault for pool injuries due to premises liability laws. Such laws require a duty to keep conditions safe on an owner's property and provide warnings to customers or guests for dangers that exist on the property.
Keeping a pool safe for use often includes frequent maintenance and supervision for all types of pool owners from hotels to gyms to homeowners. As such, lack of maintenance and lack of supervision are common types of negligent acts leading to pool injuries and liability for pool owners.
Common Causes of Swimming Pool Accidents in San Antonio
Swimming pool accidents are caused by multiple factors or conditions. The three general categories for the causes of swimming pool accidents include defective products, lack of maintenance, and lack of supervision.
Among the general categories for causes of swimming pool accidents include many specific actions and inactions; however, the common types of negligence and defective products include:
- Poorly designed or installed diving board
- Defective railings or ladders along the side of the pool
- Incorrect markings for depth of the pool
- Few or no lifeguards or adults to supervise
- Slippery surfaces around the pool
- Failure to clean the pool or pool area
It is important to note that there could be many reasons for a swimming pool accident in addition to the common causes mentioned above, so an investigation might be necessary to determine the specific cause.
Proving Fault in a Pool Accident in Texas
The cause of a swimming pool accident typically helps determine what will be needed to prove fault by the responsible parties.
For instance, in a negligence claim, which is typically described as premises liability in swimming pool lawsuits, an injured party must prove the following:
- The pool owner owed a duty to provide safe conditions to the injured person
- The pool owner was aware of or should have known about a condition that was dangerous to individuals
- The injured person sustained the injury from the pool owner's negligence
- The injury caused damages to the injured person
On the other hand, a product liability claim could relate to a defect in manufacturing, design, or marketing. The common elements include a defective product, an injury caused by the defect, the occurrence of the injury while using the product as intended, and damages resulting from the injury.
