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Who is liable for my apartment swimming pool injuries?

On Behalf of | Apr 23, 2024 | Personal Injury

Having pool access in your apartment helps make the Texas heat bearable. It is a place for you to cool off and unwind. However, if an accident occurs, it is essential to understand who may be liable.

Property owners are responsible for keeping the pool area safe

Apartment buildings are increasingly including swimming pools as a feature to draw in potential tenants and keep renters. While pools can make a property more marketable, apartment managers must not neglect its maintenance and upkeep. They should:

  • Place safety guidelines around the pool.
  • Install fencing or other measures to help prevent accidental drowning.
  • Ensure the pool and surrounding area are up to code.
  • Clean the pool regularly.
  • Keep the area well-lit at night.
  • Regularly inspect for and address any hazards.

When apartment managers overlook these safety measures and an accident occurs, they could become liable. If you find yourself injured, filing a premises liability claim may offer a path to compensation.

However, not all pool accidents are always the property owner’s fault. If you were engaging in risky behavior or not following the rules, this may affect your claim. The property owner may dispute that you are mainly at fault for the accident which may disqualify you from recovering compensation.

While swimming pools are a great perk, not every apartment owner has the means to ensure their safety. Even if you feel partially at fault for what happened, consulting with a lawyer can help you figure out if you are entitled to compensation. In Texas, you may still receive compensation if your percentage of responsibility is 50% or lower.