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Wendt Law Firm: Kansas City Personal Injury Lawyers

fighting for

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the injured

Our law firm represents those who have suffered personal injuries or have lost a loved one due to the negligent actions of another. We specialize in personal injury trial litigation and focus our attention on those we represent.
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Kansas City Drowning Lawyer

A dip in a pool offers a welcome reprieve from the heat. Unfortunately, sometimes fun in the sun can lead to drowning or other submersion injuries. If a loved one suffered injuries or death as a result of drowning, is someone else legally responsible? Know your legal options and how the Wendt Law Firm, P.C. can help your family.

A Matter of Premises Liability

Swimming pool accidents and drowning fall under the legal theory of premises liability. Under Kansas law, this requires all owners of a property to adequately maintain and responsibly care for their property. Owners of public lands must also take reasonable steps to keep their patrons safe. The degree of care a property owner must exercise depends on the category of entrant. For example:

  • Patrons of public pools or hotel pools, whether for free or by charge, are “invitees.” Pool owners must exercise reasonable care and maintain and repair the pool to prevent injury. In some instances, professional supervision may be required.
  • Guests on a private property are “licensees.” Pool owners of private property have a lower duty of care and instead have a duty to warn patrons of dangers that might not be immediately obvious.

Under Kansas City premises liability law, a property owner does not owe a duty of care to trespassers. With regard to swimming pool injuries, however, the law operates a little differently.

Exceptions for Child Trespassers

Kansas, like most other states, has an “attractive nuisance” doctrine that requires pool owners to keep their pool safe from children who cannot comprehend the dangers associated with a swimming pool. This means pool owners must install and adequately maintain a fence around the property to keep children out. If they fail in this duty, they may be liable for damages, even if the child was technically trespassing.

Other Forms of Swimming Pool Injuries

Drowning is the most obvious devastating consequence of swimming pool accidents, but pool owners may also be liable for other injuries. For example:h

  • Slip and fall injuries from inadequately maintained decking.
  • Injuries from diving into a shallow area lacking posted warnings.
  • Failure to provide life preservers.
  • Injuries resulting from inadequately maintained diving boards or ladders.

Civil Suits Against Government Entities

In many cases, public entities, like the city government, own and operate local pools. Lawsuits against government entities are different from traditional third parties. They typically have a shorter statute of limitations, and they may enjoy protection under governmental immunity. These lawsuits require an experienced injury attorney and specific experience with lawsuits against municipal agencies.

Your Kansas City Swimming Pool Injury Attorneys

A swimming pool injury can be devastating, leading to permanently disabling injury or death. If a loved one suffered a submersion injury or drowning and someone else was legally responsible, you may be able to collect damages to pay for bills and final expenses. While a settlement cannot erase the trauma of your experience, it can provide financial security when you need it most.

To learn more about our personal injury legal services, please contact us to schedule a free initial consultation.