Cooling down in a swimming pool on a hot summers day is refreshing. Although swimming pools offer hours of enjoyment for the family, they are also the cause of thousands of drownings and thousands more injuries every year.
According to the Center for Disease Control, there are nearly 3500 fatalities due to unintentional drownings each year in the U.S. This equates to 10 deaths every day. Sadly, most of these deaths or injuries could have been prevented had the right safety precautions been taken. When they were not, and an accident occurs, the victim or their family may be able to recover compensation.
If you or a loved one drowned or was injured in a swimming pool, you should consult a Nashville pool accident premises liability lawyer as soon as possible. For a consultation now, call The Higgins Firm.
What Does Swimming Pool Liability in Tennessee Mean?
The owner of a swimming pool is required to adhere to strict duties under Tennessee law. Failure to do so could result in a civil lawsuit or even criminal prosecution. The owner, whether a homeowner or business owner, is expected to:
If an injury or drowning occurs at a swimming pool, the owner can be strictly liable should they have been found to not follow these rules. There may be mitigating circumstances that apply to your case and will require the due diligence of a Nashville pool accident lawyer to investigate the situation.
Cases involving an Injury or drownings at a swimming pool tend to be very complicated. The sooner you call a Nashville pool accident premises liability lawyer, the better.
Understanding Premise Liability Law in Nashville
As defined by Nashville Law, premises liability case must include some danger that the pool owner failed to protect the victim against. An owner, aware of children living in their neighborhood, could be held liable if a child wanders into a pool and suffers injuries or drowns in the pool. Children are going to be attracted to pools and often cannot grasp the danger that is involved with a pool.
Nashville pool accident premises liability cases tend to occur more frequently on commercial property. Children tend to be most vulnerable in a swimming pool because it is hard for them to resist. If you or a loved one have been harmed due to another’s negligent action or inaction, a distinguished premises liability lawyer can help you file a claim for damages.
Common Pool Accident Injuries
Nashville pool accident premises liability lawyers have seen a few different types of cases such as:
Sometimes there are cases where patrons or visitors are served alcohol and too much alcohol around a pool often results in injuries.
Nashville Swimming Pool Laws
Premises Liability Law has expanded to the person’s entire property. The laws in Tennessee are that the person keeps their pool as they maintain their property, in a safe condition. If it is a residential area where children are playing, the property owner should have appropriate fencing around the pool to keep the children away from a potentially dangerous situation. Nashville pool accident premises liability lawyers can assist anyone who has been injured due to another’s negligence.
Applying the Attractive Nuisance Doctrine
The Attractive Nuisance Doctrine is an old law in many states, including Tennessee. It means that certain dangers or nuisances that are attractive to children that will lure them into this danger, for which they cannot appreciate the risk. As far as premises liability, it is Tenn. Code Ann. § 29-34-208.
That statue is also known as the “Playground Doctrine” which reads that if a person owns real property, they will be liable for the physical injury or death of a child, even though they are a trespasser.
If there is a dangerous condition on the property, and the property owner knows that children play in the area, the property owner has a duty to fix or repair any dangerous condition. For the property owner to not fix or repair the dangerous condition shows a lack of reasonable care. Individuals who suffer from such inaction should speak with a Nashville pool accident premises liability lawyer right away.
If it is a case involving a child, this doctrine would be applied more than half the time. More than half of the cases deal with the Attractive Nuisance Doctrine or how it has now been codified.
The insurance company has a legal team. You should too.
