A swimming pool accident can happen in a second. One moment, you are walking toward the pool, the next you slip and land on the floor.
Accidents like these are not always bad luck. If you slipped and fell near a pool, you could have a legal claim under New Jersey’s premises liability law.
Understanding the dangerous factors of a pool deck
Under state law, property owners are responsible for injuries that occur due to unsafe conditions in their property. They have a duty to keep the area reasonably safe for you and other visitors. When they fail to do so, negligence-related falls can occur due to these causes:
- Defective surfaces: Uneven surfaces, algae growth on decks and cracked concrete
- Poor drainage: Areas with pooled water
- Hazardous Materials: Spilled chemicals and leftover debris on decks
- Lack of grip: Lack of anti-slip mats and textured finishes
If you slipped and fell due to any of these conditions, you may have grounds to file a premises liability claim.
Proving negligence
In premises liability claims, you must show that the pool owner or operator was negligent. Your evidence must prove the four elements of negligence:
- Duty of care: The property owner has legal obligations to maintain safe conditions.
- Breach of duty: The property owner fails to uphold their duty.
- Causation: The unsafe condition causes your injury.
- Damages: Your injury brings measurable harm to your life.
Gathering evidence, such as witness statements and photographs, can help you establish negligence.
Considering the impact of comparative negligence
Since New Jersey follows a modified comparative negligence rule, the pool owner can allege that you are also partly at fault for the fall. They can argue that you were running on slippery surfaces. If the insurance companies or courts find you to be more than 50% at fault, you cannot recover any money at all.
Dealing with a serious pool injury can be overwhelming, especially when the owner blames you for the accident. Due to the complexity of the matter, speaking with an experienced personal injury attorney can be beneficial. They can offer guidance in navigating the state’s premises liability law.
