As defined by Virginia law, a premises liability pool accident is any injury that happens in a swimming pool that is the result of the negligence of the owner or whoever has control over the property of that swimming pool that would give rise to a liability case. These claims are often the result of children becoming seriously hurt when they gain access to a pool that was inadequately secured. In Richmond, pool accident liability may be assigned to a proprietor if they fail to install necessary safety measures such as fences or gates that lead to someone being injured. However, the Commonwealth of Virginia does not have any specific safety laws pertaining to swimming pools and liability, but specific municipalities may have separate regulations. If you or someone you love has been a victim of a pool accident caused by a property owner’s negligence, an experienced premises liability attorney can be the ally you need to seek fair compensation.
In many states, swimming pools and other such features of a property are considered “attractive nuisances” that could lead children onto the property. However, Virginia does not follow this doctrine, so it may be more difficult to prove liability in a Richmond pool accident. Children tend to be most vulnerable in these situations as well as people who are less likely to be strong swimmers. Many people are more likely to need the assistance of a lifeguard than others, and if there is nobody watching out for their welfare, they may end up being severely hurt.
The most common injuries that people sustain in pool accidents is drowning or near-drowning. Even people who survive drowning may be left with extensive brain damage. A lot of people nearly drown and are able to be revived by people who know CPR, like lifeguards, or emergency medical technicians. If someone spends more than two minutes without breathing, they normally suffer some sort of permanent injury.
Slip and falls around pools are common, too. However, with Virginia’s contributory negligence rule, it may be difficult to secure any liability because it is a well understood fact that it is dangerous to run around a pool. Many other people are injured in diving accidents. If a private homeowner installs a diving board on a pool that is too shallow for diving and a guest hits their head at the bottom of the pool, it is something that could give rise to liability in a Richmond pool accident case.
The type of injury does not impact the assignment of responsibility. It is all about who has control over the pool. If the pool is at a private residence, there is often a greater chance of proving liability than at a public pool. Places where they have public pools generally follow every regulation precisely to minimize any chance of liability if someone is injured.
Any injury can be serious, and one sustained in a swimming pool is no different. If you or a loved one is facing serious injury, you may need the help of an attorney in assigning Richmond pool accident liability. To get started on your case, call now.