No, the property owner is not always liable for a swimming pool accident in NC. The property owner may be liable for failing to take reasonable steps to prevent harm and mitigate dangers. A claim for a swimming pool accident is a type of premises liability claim. Our Wilmington premises liability lawyers explain.
Swimming Pool Accidents
An average of 6,500 children visit the emergency room because of pool accidents and incidents each year. One study found that an average of 358 children per year drown in pools and spas. Sometimes, the property owner may be liable for the accident and injury.
Swimming Pool Liability
- A swimming pool owner may be liable for accidents, drowning, and injuries that occur involving swimming pool use.
- In North Carolina, liability is not strict, meaning a property owner is not always liable.
- Liability depends on the circumstances.
- Fault depends on whether the property owner was negligent in the maintenance and operation of the pool.
- An adult or a child may have a claim for a swimming pool accident.
- To receive compensation, the victim brings a claim.
- You may have a lawyer represent you in a claim for swimming pool accident liability.
- Time to file a claim is limited, so don’t wait to contact a lawyer.
Understanding Pool Owner Liability in North Carolina
While pool owners have a duty of care to prevent harm from occurring on their property, this liability is not absolute. The question is whether the pool owner acted reasonably.
What is reasonable varies in different situations and circumstances.
The standard is reasonableness. It’s not absolute, meaning the property owner doesn’t have to do everything possible, only what’s reasonable. They must exercise ordinary care to prevent accidents.
In practice, the duty of care requires addressing dangers that the pool owner is aware of. A danger can exist for long enough that the owner has constructive knowledge of it.
Liability may also exist because of failing to warn people of present danger.
Legal Standards
The standard of reasonableness applies to all lawful visitors, including those invited to the property and others with permission to be on the property.
See Nelson v. Freeland, eliminating the distinction between invitees and licensed guests, instead imposing a general reasonableness standard for all non-trespassers.
Other states still make a distinction between the status of the plaintiff as an invited patron or licensed guest at the time of harm.
In Wilmington, practically, when evaluating reasonableness, a jury may hold a business, such as an amusement park or hotel, to a higher standard than they might hold a private property owner.
Commercial and private owners
Pool owner liability may exist for both commercial and private owners. Liability may apply for the following:
- Amusement parks
- Hotels
- Community pools
- Individual residence
- In-ground and above-ground facilities
- Standard pools and custom builds
- Gyms
- Health spas
- Physical therapy facilities, sports medicine clinics
Types of Swimming Pool Accidents
- A child or incompetent person using the pool because of poor access control, including a lack of fencing
- Head trauma because of diving in shallow water or falling off a slide
- Lack of supervision leading to incidents
- Slip and fall around the pool
- Body entrapment due to objects, hair, or a malfunctioning pool drain
- Overcrowding and jostling incidents
- Electrocution, electrical incidents
- Broken diving board, slide, or handrails
- Incorrect depth markers or a lack of markers
- No lifesaving buoys or throws available
- Not having signs to warn of specific dangers
Child Trespassers
Many pool accident victims are children. Pool owners have a specific duty to protect children who may trespass onto the property, as children may not appreciate the danger of a pool or be able to protect themselves. This vulnerability creates an obligation for the property owner to ensure the safety of child trespassers. In North Carolina, this obligation is called the attractive nuisance doctrine.
It doesn’t just apply to pools. The attractive nuisance doctrine applies to anything children may find attractive for play, including playgrounds, amusements, and structures that can be climbed on.
In North Carolina law, a child trespasser is someone under 14 or with the mental capacity of someone under 14.
See North Carolina law for harm to trespassing children caused by an artificial condition.
Trespassers
A pool owner may be liable to a trespasser in Wilmington if injury or death results from willful or wanton conduct or from intentional harm. In addition, liability may exist under the theory of position of peril, which is failing to exercise ordinary care not to injure a trespasser in a position of helplessness.
A trespasser is someone who enters the property without an express or implied invitation.
Other responsible parties
In addition to the pool owner, there may be other parties who are liable for a swimming pool accident. There may be multiple entities involved in owning and operating the facility. Evaluate maintenance companies, contracted lifeguards, and hospitality management. In addition, you may investigate a claim based on defective pool design or manufacturing.
Claiming compensation
A victim may receive compensation by bringing a legal claim. Usually, this means filing in court. The plaintiff names the defendant in a document called a complaint. The complaint briefly summarizes the facts, basis for liability, and the demand for compensation.
To receive a payment, the plaintiff must prove legal fault. The facts of what occurred are extremely important. A lawyer can help you talk to witnesses, investigate, and build the case for liability. You may rely on an expert witness, and your lawyer can assist you with the steps to include an expert in your case.
Many claims are resolved through settlements, but you have the right to take your case to trial. A judgment may be paid through insurance, but your lawyer can assist you in investigating all sources of compensation.
Lawyer for Swimming Pool Accidents in NC
If you or a loved one has been hurt in a swimming pool accident in Wilmington, we invite you to contact a lawyer. Horton & Mendez Injury Attorneys is currently accepting new cases.
Our team evaluates whether the property owner is liable for the swimming pool accident and all possible grounds for compensation.
Call or message us now to start your case.
