Liability depends on various factors, including the circumstances of the accident, the ownership of the pool, and the actions of the pool owner or operator. If your child experienced a slip and fall accident at a swimming pool, determining who’s responsible can be a challenge.
Seeking the assistance of a Philadelphia slip and fall attorney can be invaluable for understanding your rights and evaluating if you have a viable case.
Determining Liability in a Pool Slip and Fall Accident
Property owners have a duty to keep their premises safe for visitors. This duty of care includes taking steps to prevent slip and fall accidents, such as keeping the pool area free of debris and ensuring that the pool deck is properly maintained. If a property owner fails to meet this duty of care and a child suffers injuries as a result, the property owner may be held liable for the injuries.
To recover damages for slip and fall accident injuries, you must prove that the property owner's breach of duty of care caused your child’s injuries. This means you must show beyond doubt that your child’s slip and fall accident wouldn’t have occurred if the property owner had taken the necessary steps to prevent it.
In addition to the property owner, there are other parties that could be held liable such as a pool contractor if the unit wasn’t correctly installed, or the lifeguard on duty at the time of the accident if they failed to properly supervise the pool area.
Steps to Take After a Pool Slip and Fall Accident
Certain actions help determine who’s responsible for your child's injuries after a pool accident:
- Identify the pool owner. This may be a private individual, a business, or a government entity.
- Gather evidence from the accident. Evidence is vital in proving liability. It could include photos of the accident, witness statements, and your child’s medical records.
- Consult with an attorney. An experienced slip and fall attorney can build a case with evidence, testimony, and other facts that support negligence in your child’s welfare.
How an Attorney Can Help
If your child was injured in a slip and fall accident at a pool, contact an attorney as soon as possible. Pennsylvania personal injury cases must be filed within a certain timeframe, so you want to ensure legal counsel can begin investigating your child’s claim right away.
Since the legal process for these types of cases is rather complex, you also benefit from having a trusted attorney negotiate with insurance companies and represent you in court if an insurance company doesn’t settle your claim. They also understand how to assess the strength of your case, considering factors such as the severity of your child's injuries, the available evidence, and relevant laws and regulations—all of which are the foundation of securing rightful compensation.
Possible economic and non-economic damages for a Pennsylvania slip and fall pool accident include the following:
- Medical expenses
- Lost income for the parent or guardian
- Loss of future income earnings
- Pain and suffering
- Out-of-pocket costs