Can You Recover Damages After A Swimming Pool Accident In Rhode Island?
Swimming pools are fun, but many people forget about just how dangerous pools can be. Swimming pools are found at many commercial and residential properties, including resorts, hotels, apartment complexes, and others.
When a swimming pool accident occurs, people who get injured may have a right to seek compensation for their injuries and resulting damages. If you have been injured in a swimming pool accident in Rhode Island, contact a knowledgeable attorney to obtain the compensation to which you are entitled.
What Are the Different Types of Swimming Pools?
The type of pool involved in your accident will have a significant impact on your premises liability case. Broadly speaking, swimming pools can be broken down into two types:
- Public pools. These pools are owned, controlled, and operated by local or state governments.
- Private pools. The owner of the private property on which the swimming pool is located is responsible for the maintenance and control of the pool.
You need to understand what type of pool was involved in your swimming pool accident to be able to determine liability and recover damages.
Can a Property Owner Be Held Liable for a Swimming Pool Accident?
Your ability to seek compensation for your swimming pool accident injury depends on whether or not the owner of the property on which the accident occurred was negligent. Because reasonable property owners should be aware of the risks associated with swimming pools, they have a duty to prevent foreseeable accidents and maintain the property in a way to reduce the risk of harm.
Under Rhode Island law, you can hold a property owner liable for your injuries that occur on their property as long as you can prove that the owner was negligent or the accident was reasonably foreseeable.
In fact, you can pursue a premises liability lawsuit against anyone who owns, controls, or occupies the property on which your swimming pool accident occurred. It is advisable to seek the legal counsel of a Rhode Island personal injury attorney to ensure that you are properly compensated for your damages and losses after a swimming pool accident.
How to Prove Negligence in a Swimming Pool Accident
When recovering damages after a swimming pool accident, the key issue is to prove that the property owner was negligent. Negligence can be proven if you can establish that the property owner did not act reasonably.
What constitutes “reasonable” conduct depends on the circumstances of your swimming pool accident and the type of property where the accident occurred. One of the most common causes of swimming pool drownings is the lack of supervision.
For example, if your child drowned in a swimming pool on a residential or commercial property, you would have to prove that the owner of the property failed to ensure that adults or lifeguards supervise children within close proximity to a pool at all times.
If you can prove that the property owner was negligent, you will also need to prove the following elements of a personal injury claim:
- The owner’s negligence was the cause of your swimming pool accident
- You suffered actual damages and losses due to your injury in the pool accident