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Drowning Accidents: When Can Property Owners Be Held Responsible?

Jan 9, 2018 | By , on Personal Injury.

Property owners are expected to take reasonable steps to ensure their premises is safe for visiting guests. The specific obligations that are imposed upon a property owner to ensure the safety of the premises will vary depending upon the nature of the property owner’s relationship with visitors. If property owners invite people onto their land for commercial purposes and/or to enrich the property owner, the property owner owes the highest duty. Stores, for example, typically invite customers onto their land to make purchases and enrich the store so the store has an obligation to make sure visitors they invite in aren’t at risk of injury.

Property owners are not only obligated to take reasonable steps to ensure the safety of people they invite in, but they may also have other obligations as well. For example, there are circumstances where property owners must warn known trespassers of hazards. There are also situations where a property owner has something on his or her property that entices people in, such as a swimming pool. If there is something dangerous yet alluring on a property, it is the property owner’s obligation to take reasonable safeguards to ensure the dangerous item does not cause harm. The dangerous condition is often called an attractive nuisance and swimming pools and other bodies of water are a classic example.

Because a swimming pool or other body of water can be considered an attractive nuisance, property owners have to comply with reasonable requirements to keep people away from the pool.  However, if a property owner fails in his obligation to safeguard the space and someone is hurt or killed, the owner could be to blame. A Miami drowning lawyer can provide help to victims who have lost loved ones in drowning accidents to better understand how to hold the owner of the property accountable.

When is a Property Owner Responsible for Drowning Accidents?

Property owners are responsible for drowning accidents if they did not follow safety rules and regulations to prevent drowning and if someone drowned as a result.

For example, if a property owner is required by code to have a fence or other security structure around a swimming pool and the property owner did not have a fence or other enclose around the pool, that property owner could be held accountable for the drowning accident because the property owner failed to live up to his or her responsibilities in keeping others safe by preventing them from accessing the pool.

Property owners could also be responsible for drowning accidents in circumstances where their pool was open and they invited people in but there were conditions in the pool area caused by poor maintenance that resulted in a drowning accident. For example, problems with the pool drain or pool ladders could contribute to drowning accidents and property owners could potentially be held responsible if such an accident occurs.

A Miami drowning lawyer can provide help to victims after a drowning accident in determining if the property owner was to blame. An attorney can also help victims to pursue a claim for compensation after a drowning accident, so give us a call today to find out more about the assistance we can provide.

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