Who is Liable for Public Pool Slip and Falls?

Who is Liable for Public Pool Slip and Falls?

February 8, 2022

Ellis Law Corporation

Slip & Fall Injury

There are a variety of public pool locations in Los Angeles and the surrounding areas. Public pools afford individuals the opportunity to sit back and relax, enjoy the sunny weather, and take a dip to cool down. However, there are times when slip and fall accidents occur on public pool property. Here, we want to discuss who could be held liable in the event a slip and fall injury occurs at a public pool.

Slip and Fall Incidents at Pools

Slip and fall accidents around pools are not uncommon, simply due to the nature of the environment. Even though pools are supposed to be a fun activity, there are significant hazards related to slip and fall incidents.

These incidents most commonly occur as a result of slippery services, whether due to water or spills of food and drink. Additionally, slip or trip and fall incidents can also be caused by hoses, tools, toys, and other debris left in the walkways around the pool area.

Unfortunately, slip or trip and fall accidents at a pool can lead to significant injuries. This can include traumatic brain injuries, open head or facial wounds, broken or dislocated bones, sprains or strains, lacerations or puncture wounds, spinal cord injuries or whiplash, and more.

Who is Liable for Public Pool Incidents?

Pool owners and operators have a responsibility to ensure that the pool area is safe. Owners and operators must attend to any hazards that they know about and take steps to remedy the situation as promptly as possible.

If a slip and fall injury occurs as a result of the negligent actions of a public pool owner or operator, it may be possible to file a lawsuit against the government agency or a third party responsible for operating the area. In order to recover compensation, you will need to gather enough evidence to prove the following:

  1. That the owner or operator owed a duty of care to maintain a safe premises
  2. That the owner or operator breached their duty of care through their negligence or failure to act
  3. That the breach of duty led to these slip and fall incident
  4. That you sustained monetary losses, including medical bills, lost wages, and pain and suffering damages

It is important to point out that filing a claim against a government entity in California can be challenging. Typically, government entities cannot be held liable for injuries caused by employees or the entity itself, and this concept is known as “sovereign immunity.” However, under the California Tort Claims Act (CTCA), there are various exceptions where state agencies allow themselves to face lawsuits in the event their negligence leads to an injury. The provisions in this law allow for premises liability lawsuits if the government had notice of a dangerous condition and failed to remedy the hazard.

Any claim made against a government entity in California must be filed within six months after the injury occurs. Often, these cases are resolved through settlement with insurance carriers, but it may be necessary to file a personal injury lawsuit in order to recover total compensation. Public pool slip and fall accident victims may be able to recover compensation for their medical bills, lost wages, pain and suffering damages, and more.

Call our Los Angeles slip and fall lawyers today.