Louisiana Swimming Pool Accidents
Swimming pools in Louisiana are typically thought of as a place of enjoyment and relaxation, but when proper safety measures aren’t in place, swimmers—especially young children—can be at risk of serious injury or death. Drowning is one of the leading causes of death for young children across the globe, and is responsible for thousands of injuries and deaths every year in the United States.
If you or a loved one was injured in a swimming pool accident, you should discuss your case with a Louisiana injury lawyer. Carabin Shaw is a team of seasoned lawyers who fight to get justice for every single client that walks through our doors. Attorney of Counsel, Berit Hanna, at Carabin Shaw can review your case and work with you to ensure you receive the compensation you deserve.Premises Liability Law, Explained
Premises liability laws are in place to determine who is responsible when an injury occurs on someone’s property. Pools are generally considered to be part of someone’s property, which is why premises liability laws apply.
An owner of a pool owes a duty of care to “entrants” on their land, but the degree of care differs depending on the type of entrant injured on the property. Under premises liability law, there are three different types of entrants:
- Trespassers - A homeowner owes a trespasser the least duty of care. As a general rule, if a trespasser is injured on someone’s property, they are not responsible for their injuries. However, there are some exceptions to this rule. To learn more about liability in the case of trespassing, talk to an experienced Louisiana swimming pool accident attorney.
- Licensees - In the case of licensees, homeowners are required to warn them of any dangerous conditions on the property. Once a licensee is warned, the homeowner is usually free from liability. If you believe you would be considered a licensee in your case, let an attorney evaluate your case.
- Invitees - Invitees are owed the most duty of care. Property owners are required to take reasonable measures to prevent harm from any invitees on their property. Speak with a lawyer if you have any questions.
Premises liability laws are complex and difficult to navigate if you don’t have legal experience. To ensure you get the compensation you deserve, consult Louisiana injury lawyers.Who is Liable in a Swimming Pool Accident?
Understanding liability for swimming pool accidents in Louisiana is the first step to making your case. The following parties could be held liable, depending on the circumstances of your accident:
- Lifeguard/property owner - When someone gets injured in a public pool with a lifeguard on duty, they may be held liable for their negligence. The entity that hired the lifeguard may be liable as well, if the lifeguard was working within the scope of their employment under the theory of “respondeat superior”. A lawyer can tell you more.
- Parts manufacturer - If a malfunctioning pool part causes an injury—for example, a faulty pool filter—the parts manufacturer could be held liable. If you think a parts manufacturer is responsible in your case, speak with an attorney.
- Parent or guardian - When kids are in a private Louisiana pool, parents or guardians are responsible for their safety.
- Other swimmers - Sometimes, swimmers participating in horseplay can injure one another. The party that caused the injury can be held responsible.
If you’ve been injured in a swimming pool accident, Louisiana swimming pool accident attorneys can help. At Carabin Shaw, we know how to hold liable parties responsible for their negligence. Attorney of Counsel, Berit Hanna, at Carabin Shaw knows the ins and outs of swimming pool accident cases, and can get you the justice you and your family deserve.
Determining liability for swimming pool accidents in Louisiana is difficult without the years of experience that we have. If you want justice, contact us today at 1-800-555-0101.