With Memorial Day weekend just around the corner, our Chicago personal injury lawyers want to remind people to be especially careful when preparing for summer months and swimming pool openings.
Swimming pools are a wonderful diversion in Illinois during the warmer months; however, if pools are not operated, secured, or maintained properly, serious injuries can occur.
In fact, our Chicago swimming pool accident attorneys were devastated to read that earlier this month, a nine year-old second grade girl with special needs drowned after she fell into the pool in the back yard of her family’s home. Because of her disability, she was unable to swim but was fascinated by the water. The girl’s mother found her body in the in-ground pool; though she was rushed to the hospital, it was too late to save her.
Although this particular incident appears to be a tragic accident, as a general rule, under Illinois law swimming pool owners are responsible for maintaining the condition of the pool, and securing its surroundings. If the pool owners fail to do that and an injury occurs, they may be held legally liable for damages arising from those injuries.
Illinois land owner liability, otherwise known as Illinois premises liability law, is a significant branch of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises” – in this case, the swimming pool. Additionally, the person or persons on the land of another must be injured by negligence or a different wrongful act; as it applies here, the landowner has a duty to maintain the pool and surrounding area.
An Illinois premises liability lawsuit may be filed if the swimming pool operator did not follow regulations and perform his or her duties under the law. Additionally, in cases where a defective swimming pool drain entraps a swimmer or causes disembowelment, the victim or family of the victim may file a Chicago products liability lawsuit for past and future medical costs.
There are a number of circumstances that may lead to serious injury or even death in a swimming pool accident. That is why it important to discuss your potential case with a lawyer who can determine if someone else’s negligence caused your pool-related injury or the wrongful death of a loved one.
Our Illinois swimming pool accident lawyers encourage everyone who spends time near the water this summer to be aware of the safety risks. Both children and adults can be harmed in devastating accidents, though children in particular are often unaware of the latent dangers that swimming pools may pose. With understanding, planning, and proper preparation, families can ensure that their loved ones enjoy the water while remaining safe.