Car Accidents and Lawyers to Reduce Stress

Posted on: 3 April 2015

With warm summer weather comes pool parties and backyard barbecues. While most of these parties go off without a hitch, sometimes a visitor to a private home can be injured poolside. If you or one of your children is hurt at a friend's house, how do you handle the injury and potential liability?

Here are a few things to know about who is considered legally responsible for an injury sustained at a private pool party:

The Homeowner is Not Always Liable

While homeowner's insurance tends to cover injuries sustained at the residence, the degree of liability changes depending on the status of the person who was injured.

If you are invited to a home for a party, the homeowner has an obligation to warn you about any potential hazards near the swimming pool, but does not have the obligation to protect you (such as by providing a lifeguard).

If the person who was injured was not invited to the home, the homeowner typically does not have a responsibility to keep that person safe from a liability standpoint. Talk to your personal injury attorney to help navigate liability issues in your case.

The Defendant in Your Case May Be Responsible in Cases of Negligence or Physical Assault

It is important that people using the swimming pool at any event are aware of the dangers of horseplay or unsafe pool behavior. This is especially true for children who may get carried away while playing. If the defendant in a case, whether it be the homeowner or the homeowner's children, were found to have been playing unsafely or were found to have contributed to your injury, tort laws can kick in. This means that you can be entitled to damages due to the defendant's actions.

You Might Be Found Responsible for the Situation

Conversely, if the court finds that you or your children were behaving irresponsibly, not only might you lose your claim for damages, but you might also be found liable for damages yourself. Consult with your personal injury attorney to ensure that you are not opening yourself up to a lawsuit by filing a claim against the homeowner in your situation.

Of course, it's also important to remember that you don't want litigation to get in the way of a friendship. If you've been invited to the home of a close friend and sustain an injury, be sure to seek medical care and not to discuss the matter until you've talked to your attorney. In many cases, these types of situations can be resolved amicably without causing stress or tension between parties.