Confused about accident liability? Colorado injury attorneys know that one of the complex issues surrounding a pool injury is whether it was caused by personal liability or premises liability, which refers to the conditions of the property on which you were injured. It’s important to establish this when pursuing compensation in a personal injury claim.
Personal Accident Liability
Pool injuries can range from an individual slipping and suffering a fracture, to brain damage from nearly drowning. Unfortunately, many of these cases also involve drowning deaths.
Personal liability would apply if an individual was careless or reckless. For instance, if another individual pushed you, even being playful, and you slipped and fell around the pool, that individual may be personally liable for any injuries that you sustain as a result of the slip and fall.
If a caregiver was in charge of your child, he or she is likely responsible for properly supervising your child around the pool. If your child suffered a pool injury because and there was a lack of supervision on behalf of the caregiver, he or she may be found liable for injuries.
Premises liability stems from negligence of the property, the following can be found at fault:
Failing to inspect or maintain property is one common type of premises liability if unsafe conditions lead to an accident and injuries. Another is when the owner knows about a dangerous condition, yet fails to correct it, and that condition is ultimately responsible for an accident.
Failing to repair a pool drain or a broken diving board are examples of this related to swimming pool accidents. If the lock on a gate was missing or there weren’t adequate warnings regarding the water’s depth, this could also be considered negligence.
Consulting with Colorado Injury Attorneys
Determining accident liability can be difficult, especially when trying to distinguish between personal or premises liability. Attorneys can help by investigating further into your case and collecting any evidence that may help support your personal injury claim and assign liability to the appropriate party.
Evidence is critical to improve your chance of recovering compensation for damages. Some of compensation that may be available includes that covering medical expenses, lost wages, pain and suffering, wrongful death and more. Your lawyer can review your case to determine which damages may be recoverable.
Colorado injury attorney D.J. Banovitz is here to help. Check out our FREE injury guide that outlines seven mistakes you could make which may ruin your case. You may contact our office at 303-300-5060. Don’t wait too long to discuss your case, as you may have a limited time in which to file a claim.