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Liability in a Pool Accident Explained by a Las Vegas Injury Lawyer

Swimming pools provide a great way to beat the Las Vegas heat, and most of the time, you can swim and enjoy yourself without incident. Unfortunately, however, some days at the pool can result in accident and injury. When that’s the case, you may wonder who’s at fault and whether you may be able to receive compensation to help pay your medical bills and other expenses.

Each case is different, and a Las Vegas injury lawyer can advise you on the merits of taking legal action if you’ve been injured in a swimming pool accident.

Who’s responsible?

In some cases, you may be responsible for your own injuries. If, for example, you were engaging in horseplay and suffered an injury as a result, the fault may be your own. However, if you became injured because the pool area was improperly maintained then the owner or operator of the pool may be liable.

Sometimes liability is shared, and you as well as another party are legally responsible for your injuries. Nevada has a comparative fault law that allows you to recover compensation as long as your liability is not above 50 percent. For example, if you’re found to be 25 percent responsible for your accident, you may be able to recover damages, but they’ll be reduced by 25 percent.

Public pools

Generally, the owner and operator of a public pool is responsible for maintaining safe premises for guests who have permission to be on the property. It’s their responsibility to keep the pool in good repair and make sure the proper chemicals are being used to keep the water safe and clean. It’s also their responsibility to ensure lifeguards are properly trained and able to enforce pool rules.

In some cases, equipment such as water slides could be defective and the manufacturer could be held liable. However, if the owner and operator of the pool knew about the defect and failed to take corrective action they could be held liable in the case.

Residential pools

Homeowners can be held responsible for injuries that take place in and around their pools. They’re responsible for creating a safe environment for their guests as well as taking steps to keep people from trespassing on their property and becoming injured in their pool.

Since a pool can create what’s legally known as an “attractive nuisance,” a homeowner should take steps to secure their pool behind a four-sided fence and have alarms and other safety measures in place. This can prevent children from coming into the pool area without permission and suffering an injury.

Contact the Las Vegas Injury Lawyers of GGRM

Pool injuries can be serious or even deadly, ranging from slips and falls to drownings. If you or a loved one has been injured in a swimming pool accident, contact a Las Vegas injury lawyer at Greenman, Goldberg, Raby and Martinez for a free consultation. Call 702-388-4476 to get started today.

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