Swimming pools can be great places to get some exercise and recreation time in. However, pools are also the locations of accidents that can cause serious injuries. Often, these injuries are the result of property owner carelessness or negligence. In those cases, the injured victim may be entitled to compensation. But what happens when the swimming pool is on public property?
At Soloff & Zervanos, P.C., our premises liability attorneys in Philadelphia want to answer questions about public swimming pool injuries.
If you have spent any time around pools, then you know there is a potential for injuries. Those who are responsible for maintaining a pool, whether private property owners or government property managers, have a duty to ensure that the people who have a right to use the pool are safe. However, there are times when the following conditions make pools unsafe:
When a property owner or manager is negligent in their duties, serious injuries such as the following can occur:
In most cases, a person injured at a pool due to the property owner’s negligence can file a lawsuit to recover damages. However, when the property owner is a state, county, or local government, the situation is different.
Many governments have immunity from certain types of lawsuits. Pennsylvania Consolidated Statutes Title 42, Section 8522 lays out the parameters of the state’s Sovereign Immunity Act. This defines the types of cases in which the state allows itself to be sued.
A person injured in a premises liability incident, such as a swimming pool accident, can file a lawsuit against Pennsylvania’s government for damages. However, there are certain procedures that must be followed, and there are caps on the damages a person can receive.
When recovering damages against a government in Pennsylvania, a plaintiff can receive only $250,000 for any single incident.
This law does not cover local or municipal governments. Lawsuits against these entities are governed by the Political Subdivision Tort Claims Act. In these cases, the entities can face lawsuits if the person responsible for the injuries was acting “within the scope of his office or duties.”
If you or somebody you love has been injured in a swimming pool incident, please seek legal assistance as soon as possible. The team at Soloff & Zervanos, P.C. is ready to get to work investigating the incident. Our goal is to secure the compensation you deserve, which can include: