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May is National Water Safety Month, a time to reflect on the laws, regulations, and common-sense advice that help keep you and your family safe at the pool. It’s also a time to get informed about what will happen if you are injured in someone else’s pool. Depending on the exact circumstances, the property owner or another party may be legally liable for your personal injury sustained while enjoying the water.

Who Might Be Liable?

If you are injured due to your own negligence or an unforeseeable circumstance, Hawaii’s personal injury law does not consider you to have grounds for a suit. However, if a personal injury or wrongful death is caused by unsafe conditions at the pool, the home or business owner in control of the property may be held legally accountable and may be required to compensate you for medical bills and other costs. Alternatively, if your injury is due to a defective product, such as pool equipment or chemicals that are not safe when used as intended, the manufacturer may be liable for your injury.

What Conditions Create Liability?

Personal InjuryHawaii has a number of safety requirements for pool owners, including a latching gate and fence to keep out unauthorized individuals, non-slip paving around the pool area, and signage to inform and warn swimmers of the risks. These requirements differ between private and commercial pools, but in either case, the owner has a certain duty to provide for the safety of the pool’s users. Even if “swim at your own risk” signs are posted to reduce the owner’s liability, injuries that are caused by the owner’s negligence may still qualify for personal injury compensation.

If you or a family member have suffered an injury due to unsafe pool conditions, a personal injury attorney can help you recover your costs. The sooner you begin your suit, the easier it will be to gather evidence, so arrange a consultation today.

 

With over 40 years of legal experience, Charles H. Brower Law Corporation in Honolulu, HI offers skilled representation in personal injury suits and other cases. Practice areas at this firm include wrongful termination, discrimination, and sexual harassment suits as well as personal injury and wrongful death claims. To discuss your case, call (808) 526-2688 or arrange a consultation online.

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