Summer’s here, and many South Carolina residents will soon head to the pool to cool off and have fun with friends and family. However, it’s vital to be careful when visiting swimming pools, regardless of who owns or operates them. The CDC reports that drowning deaths are rising nationwide, while the South Carolina Department of Health and Environmental Control reports that 89 people died from unintentional drownings statewide in one recent year.
Who’s liable when you or a family member drowns in a pool? That’s a critical question, and our swimming pool accident attorneys are here to explain how premises liability law applies in these cases.
How Premises Liability Is Determined in Pool Accident Injuries and Deaths
Let’s start with the basics: What is “premises liability?” Premises liability is a legal principle that holds property owners responsible for maintaining their property in a reasonably safe condition for most visitors. If someone gets hurt because the owner failed to fix or warn them about a dangerous condition on the premises, the injured person (or their surviving family members) may have a right to compensation.
Premises liability usually only applies to lawful guests on a property. However, a key exception often applies to swimming pool drownings: The concept of an “attractive nuisance.” The attractive nuisance rule states that young children may not always understand they’re trespassing and sometimes enter someone else’s property unlawfully because something catches their attention. The rule further states that property owners must protect children from attractive nuisances, including swimming pools.
With all this in mind, how do you prove a swimming pool accident is the property owner’s fault under premises liability law? You must gather evidence showing there was a dangerous condition in or near the pool, that the property owner knew or should have known about the hazard, that they failed to remedy the condition or warn of its existence, and that the hazard caused your injury. You must also show that you suffered harm for which you can receive compensation.
Some evidence you might use includes:
- Witness statement about the dangerous conditions at the pool, such as a lack of fencing or other barriers
- Surveillance camera footage of the accident and the hazard that caused it
- Testimony from expert witnesses about the accident or the nature of your injuries
- Property or maintenance records showing what actions the property owner took (or didn’t take) to address dangerous conditions on the grounds
- Medical records illustrating how your injuries occurred and how they will affect your life in the future
Swimming Pool Accident Compensation in South Carolina
Depending on your injuries, medical expenses, and other factors specific to your case, your swimming pool accident claim could include compensation for:
- Current and future medical bills
- Lost income and reduced future earnings
- Pain and suffering
- Emotional distress
You might have a wrongful death claim against the pool owner if a family member drowned in the pool as a result of a hazardous condition that the property owner should have remedied or warned about. If so, you can pursue compensation for lost financial support from your family member, their medical and funeral expenses, your loss of companionship, and your emotional suffering.
Contact Stewart Law Offices’ Swimming Pool Accident Attorneys
You usually have three years after a swimming pool accident to file a personal injury or wrongful death lawsuit. Stewart Law Offices can handle your legal case and fight for fair compensation. We’ve recovered millions for our clients and have decades of experience with personal injury lawsuits.* Call now or complete our contact form for a free consultation with a swimming pool accident attorney.
