Swimming Pool Lawsuits Involving Children

Inground swimming pools are nice assets for homeowners who enjoy spending time in the water when the weather is hot. However, owning such a pool also comes with the risk of someone accidentally falling into the water or getting injured while swimming in it. To decrease the risk of someone falling into such a situation, there are usually laws in place that requires homeowners to take safety precautions for their inground pools. For example, placing a fence with a secure gate around the pool can prevent someone from the household or trespassers like children from accidentally falling into the water.

If your child went onto a neighbor's property and fell into the pool, you might be able to file a personal injury lawsuit if they were injured.

Was There a Fence in Place?

A lawyer will likely ask about when you consult with them whether or not there is a fence around your neighbor's swimming pool. The answer can determine if your neighbor can be held liable for your child's injury or not. For example, if there is actually a fence in place but your child forced the gate open and trespassed, you might be liable for the injury. However, if there is no fence in place and the law requires there to be one in the state that you live in, your neighbor is likely liable. Even if there is a fence in place, your neighbor might still be liable if it isn't in a good condition.

What Kind of Injury Was Sustained?

Another concern that a lawyer will have is the extent of injuries that your child suffered from after falling into your neighbor's pool. For example, did he or she get hurt from a falling after slipping on the wet deck that surrounds the pool? Did your child almost drown and got rescued before it was fatal, but suffered brain damage? The answers are important because they help your lawyer determine the extent of compensation that you deserve and should request in the lawsuit. If your child is suffering from brain damage from almost drowning, you might need enough money to take care of medical expenses on a long-term basis.

Did Your Neighbor Offer to Pay?

If your neighbor has refused to help cover the medical expenses that are related to your child's injury, give your lawyer details about it. Even if you were offered money, it might not be a justified amount based on the extent of medical attention that your child requires. A lawyer can let you know if what you were offered should be accepted or if you should continue to pursue a lawsuit.

If you have a personal injury case, contact law services like Snyder & Wenner, P.C.