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 Kansas City drowning attorney at Wendt Law Firm, P.C. can help your family.
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 the entrant. For example:
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.
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.
Drowning is the most obvious devastating consequence of swimming pool accidents, but pool owners may also be liable for other injuries. For example:
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.
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.