Several parties may be liable for a swimming pool accident in Arizona. Liability depends on the specific facts of the case.
A homeowner may be liable if a guest is injured due to an unsafe pool area. A landlord or apartment complex may be liable if a pool gate, fence, lock, drain, deck, or warning sign was not properly maintained or repaired. A hotel, resort, gym, or public pool operator may also be liable if it failed to follow safety rules or correct dangerous conditions.
In some cases, more than one party may share fault for the same accident. For example, a property owner may have failed to repair a broken gate, while a pool maintenance company failed to repair unsafe equipment.
What Are Common Causes of Swimming Pool Accidents?
Many swimming pool accidents occur because someone failed to maintain, supervise, or secure the pool area. These cases often result from preventable hazards.
Common causes include:
- Missing fencing or broken pool barriers
- Unlocked or defective gates
- Slippery pool decks
- Poor lighting
- Lack of warning signs
- Inadequate supervision
- Defective drains or pool equipment
- Unsafe diving areas
- Alcohol use near the pool
- Poor maintenance or chemical imbalance
These hazards can lead to drownings, brain and spinal cord injuries, fractures, and severe cuts. Children are especially at risk when a pool area is not properly secured.
What Pool Safety Rules Apply in Arizona?
Arizona law requires barriers around certain residential swimming pools. Under A.R.S. § 36-1681, some swimming pools must be enclosed by a wall, fence, or barrier that meets specific height, gate, and access requirements.
Public and semipublic pools may be subject to additional rules. For example, Arizona Administrative Code § R18-5-240 requires that a public pool or spa deck be enclosed by a fence, wall, or barrier at least 6 feet high.
A violation of a pool safety rule does not automatically prove every part of a personal injury claim. However, it can be important evidence that a property owner or operator failed to act safely.
What if the Injured Person Was Partially at Fault?
Arizona follows a pure comparative fault rule. This means that an injured person may still recover compensation even if they are partly responsible, but their compensation is reduced based on their share of fault.
For example, if a person is awarded $100,000 but found 25% at fault, their recovery may be reduced to $75,000. Insurance companies may try to shift blame to the injured person or their family after a pool accident. Strong evidence can help challenge unfair fault claims.
Feller & Wendt, LLC has over 120 years of combined experience and has recovered over $100 million for injured clients. Our attorneys can investigate what happened and challenge unfair allegations of fault.
FAQ
Can a Homeowner Be Liable for a Pool Accident?
Yes. A homeowner may be liable if unsafe pool conditions, poor maintenance, or inadequate barriers caused the accident.
Can Parents Sue After a Child Drowns in a Pool?
Parents may have a civil claim if a negligent property owner, pool operator, or another party caused or contributed to the drowning. Because these cases are fact-specific, they should be reviewed promptly.
What Evidence Helps Prove a Pool Accident Claim?
Helpful evidence may include photos, videos, witness statements, inspection records, maintenance logs, medical records, and evidence of broken gates, barriers, or equipment.
Can More Than One Party Be Responsible?
Yes. A pool accident may involve several parties who are legally responsible, such as a property owner, landlord, hotel, maintenance company, or equipment manufacturer.
Contact the Arizona Personal Injury Lawyers at Feller & Wendt, LLC for Help
If you or a loved one was hurt in a swimming pool accident in Arizona, you may have the right to seek compensation. An attorney can investigate the pool area, identify who was responsible, and handle the insurance company on your behalf.
For more information, contact an experienced Arizona personal injury lawyer at Feller & Wendt, LLC to schedule a free consultation today.
Feller & Wendt, LLC – Layton Office
67 S. Main St., #100
Layton, UT, 84041
801-499-5060
801-421-1569
Feller & Wendt, LLC – St. George Office (by appointment only)
169 W 2710 S Cir, Suite 202-A
St. George, UT, 84790
801-499-5060
801-421-3132
Feller & Wendt, LLC – Salt Lake City Office
4424 South 700 East, Suite 240
Millcreek, UT, 84107
801-499-5060
801-421-2445
Feller & Wendt, LLC – Phoenix Office (by appointment only)
1 N 1st St, Suite 7550
Phoenix, AZ, 85004
480-702-2277
480-360-4471
Feller & Wendt, LLC – Mesa Office
2222 S Dobson Rd, # 500
Mesa, AZ, 85202
480-702-2277
480-573-7601
Feller & Wendt, LLC – Boise Office
5536 N Eagle Rd,
Boise, ID, 83713
208-595-6953
