A slip and fall accident at a community pool in Kansas City could cause serious injuries such as muscle sprains, broken bones and traumatic brain injuries. The victim of a slip and fall accident may be able to bring a claim in pursuit of justice and damage recovery against the entity in charge of swimming pool safety. A successful suit may result in payment for all the victim’s past and future damages. Finding out whether a victim may have grounds to file a lawsuit for a fall accident at a community pool often takes a case review from a slip and fall attorney.
How Do Swimming Pool Slip and Fall Accidents Happen?
A slip and fall accident at a pool could happen for many reasons, often related to property owner negligence. The owner of any swimming pool will be legally responsible for maintaining the pool deck and reasonably preventing fall accidents through adequate care and maintenance. Poor property maintenance or negligence on the part of the pool owner could lead to preventable slip and fall accidents.
- Lack of safety signage, such as warnings not to run on the pool deck
- Inappropriate or dangerous pool deck material
- Failure to fix excessively wet or slippery floors
- Using wax or grease to clean the pool deck
- Debris on the pool deck, such as food waste
- Lack of child supervision by lifeguards or supervisors
- Poor lighting
In a case involving property owner negligence, the owner may try to refute liability by arguing that the injured person reasonably should have known the pool deck would be slippery and taken more care to prevent the fall. If the owner was negligent in maintaining the property and this is what caused the slip and fall, however, this defense will not hold up in court. The injured party may need an attorney to help him or her combat a defense strategy involving assumed swimming pool area risks.
How to File a Claim Against the Government in Kansas City
If the owner of the swimming pool reasonably should have taken better care to prevent the slip and fall accident, the owner could be liable for a victim’s damages. The doctrine overseeing these cases is premises liability. Premises liability states that all property owners are responsible for reasonably ensuring the safety of their properties. A breach of this duty, also called negligence, that causes a guest’s injuries could make the owner financially responsible for a victim’s losses.
In a slip and fall case involving a community swimming pool, the at-fault party (defendant) named in the case will most likely be a government entity. Community pools are the responsibility of public entities such as Kansas City or the state government. Going up against a public entity is different than filing a claim against a private party. Cases involving community swimming pool injuries will generally have to abide by the filing requirements listed in Missouri’s Tort Claims Act. This includes a unique statute of limitations and various rules for how to file.
If an injured party believes he or she has a case against the government for a slip and fall accident at a community swimming pool, the first step in pursuing compensation through a civil claim is identifying the appropriate defendant. Then, the plaintiff or his or her lawyer will have to bring a formal complaint against the defendant within 90 days of the fall. The defendant will then have the opportunity to respond with either a claim denial or acceptance.
Claim acceptance will lead to insurance settlement negotiations between the owner of the community pool and the victim. The victim’s attorney can help negotiate for a fair amount of money to cover related damages. Claim denial will give the victim the opportunity to take the defendant to court. The victim and his or her premises liability lawyer can go up against the defendant in a trial to try to prove liability for the slip and fall accident. If the case succeeds, the victim will receive fair financial compensation for all accident-related damages.