If you are injured at a swimming pool, you might wonder which party would be considered at fault for your injuries. You might assume that the owner of the swimming pool is at fault, but this is not necessarily the case. When you decide to use a pool, there is an assumption of risk and this can affect the extent to where you might be able to collect damages.
How Assumed Risk Works with a Swimming Pool
When you engage in a recreational activity, you are expected to assume risks that are considered obvious. With a swimming pool, there are risks that can include hitting your head on the side of the pool or injuring yourself when you dive into the shallow end of the pool. You are expected to know that these risks exist and to anticipate them.
However, if the risks that you experienced are considered to be greater than the risks that should normally be expected from the sport, you might be able to take legal action against the owner of the pool and receive compensation for your injuries.
The Context of Your Accident Matters
The context in which your injuries occurred can determine whether the other party is considered to be at fault. For example, if you were a novice swimmer who was receiving swimming instructions and the instructor was negligent, you might still be able to hold the swimming instructor liable for your injuries. On the other hand, depending on if you were even supposed to be in the pool, you may be unable to recover damages.
How to Recover Damages
If you aren't sure if the owner of the swimming pool should be considered at fault for the accident, it's important to speak with a personal injury attorney so they can review your case. If a personal injury attorney is able to gather evidence to prove that the other party is at fault, they might then be able to help you file a personal injury claim and receive compensation for your injuries.
Your personal injury attorney may be able to negotiate a settlement with the owner of the swimming pool. If this is the case, you might be able to receive compensation relatively quickly at a low cost. However, if your attorney is not able to negotiate a settlement, the next step might be to file a lawsuit. Then, a judge may decide that you are entitled to compensation or you may need a jury trial. Research more info on this topic.
