With its year-round balmy weather, Hawaii is a land with many swimming pools at hotels and resorts, as well as at private homes, condos, and apartments. Sometimes accidents happen in these pools and people get seriously hurt or even killed. If you or a loved one has been injured in a swimming pool accident in Honolulu or elsewhere in Hawaii, you may have the right to take legal action. Our experienced Honolulu personal injury lawyers at Leavitt Yamane & Soldner can evaluate your case and advise you about your legal rights at no charge to you and with no strings attached.
A member of our legal team can answer questions you may have, such as:
• Can I get compensation for the injuries I suffered in a Honolulu swimming pool accident?
• What happens if there were signs that said “swim at your own risk?”
• How can a swimming pool accident lawyer help with my case?
You may have the right to compensation after a swimming pool accident if it was caused by someone else’s violation of safety rules. For example, homeowners are required to secure their pools and prevent unauthorized access with a latching gate. When a homeowner violates the rules on swimming pool access and a child drowns after going into the pool, the homeowner could potentially be held legally liable.
You may also have the right to compensation after a swimming pool accident if the incident was caused by someone else’s negligence. Every property owner, both residential and commercial, owes a duty to visitors to the property. The property owner must take reasonable steps to ensure that visitors are safe.
The specific requirements vary depending on whether the visitor is a social guest or a customer, but there is always some obligation to correct dangerous conditions or warn guests of hazards on the property.
If you can show that a negligent failure to ensure reasonable safety was the cause of your swimming pool accident, then you may be able to obtain compensation. Because there are many factors that go into this determination, you should have your specific case evaluated by an experienced swimming pool accident lawyer.
Often, hotels and other public locations with pools post signs that alert the public that the pool owner isn’t responsible for injuries. The purpose of these signs is to limit the liability of the owner. However, the signs don’t always do that. “Swim at your own risk” signs won’t protect property owners if they created or allowed the dangerous conditions that led to the accident. For example, if a slippery and cracked deck at a hotel pool causes someone to slip and fall into the pool and hit his or her head, this is not a risk that the swimmer expected to take on. The hotel may be held liable under these circumstances.
If someone becomes caught in a damaged pool drain or is otherwise hurt due to inadequate pool maintenance, this may be another situation where the pool operator could be made to pay damages.
Since signs warning that you “swim at your own risk” don’t automatically mean you give up the legal right to sue a pool owner or operator, it is important that you talk to a lawyer after any pool accident. A Honolulu personal injury attorney can help you to determine if you may have a case despite any signs that may have said otherwise.
Proving that a property owner or operator should be held liable for a pool accident can be complicated. Since 1971, Leavitt Yamane & Soldner has helped many injured victims in Honolulu and throughout Hawaii. We can investigate your case and help you get the evidence you need for a successful claim.