During North Carolina’s hot summers, swimming pools offer a refreshing escape, yet they can be sites of danger. Common incidents include slip-and-falls or entrapment from faulty pool drains.
When accidents like these happen, it’s key for people to know their legal rights under North Carolina law.
Asserting rights
According to state law, individuals have the right to seek compensation if they’re injured due to a pool owner’s negligence. For instance, the owner may have failed to repair a broken ladder, causing a visitor to fall and sustain injuries. Or, the owner did not address a known issue with a pool drain, leading to a swimmer’s entrapment.
In such cases, the injured party can claim compensable financial losses. These losses can include medical expenses for treating injuries and wages lost from having to take time off work.
Facing the challenges
Asserting these rights can be tricky. North Carolina has a strict rule called ‘contributory negligence.’ This means that if the injured party contributed in any way to the accident, they cannot get compensation at all. If a visitor ignores a clear warning sign about shallow water and gets hurt because they dive into it, they might not receive compensation.
However, compensation is still possible if the injured party meets specific requirements for a premises liability case. The injured party must demonstrate that the pool owner failed to maintain a safe pool area or did not warn about potential hazards, like a broken ladder or a dangerous pool drain.
In these cases, strong evidence is needed to show the owner was indeed negligent.
Proving the pool owner’s liability
Establishing such negligence requires solid evidence – photos of the hazardous condition, witness testimonies, maintenance records as well as security footage or safety inspection reports. For those thinking about filing a claim, consider consulting with an attorney experienced in premises liability. The legal process can be complex. But with professional help, those injured can effectively gather and present their evidence to support their case.
