What are risks with apartment pools?Apartment complexes may take up a lot of land and have multiple pools in them. These pools are often gated off, but they are easily accessed by anyone who lives there and do not often have lifeguards present. They are for private use and rely on people to be careful and protective of each other. The pools may also not be covered when they are gated off or during colder times of year. The issue is, of course, that accidents can always happen. Children may be involved in apartment pool drowning if they are playing near the pool and slip in. They may not know how to swim, and if they are alone, they may be unable to get out. They may also not be strong enough to climb up the side. Ladders and steps in the pool can also be defective and may break when being used. Children are the most at risk of apartment pool drowning accidents. Individuals can also drown in apartment pools for similar reasons, but they are also more afflicted with drunkenness, injury, cramps, and medical conditions. If someone is in the water and his ability to swim is suddenly compromised, the results can be tragic. The fact that there are seldom lifeguards in the pool area is testimony to the negligence of the apartment. The apartment should also have ample warnings for people and swimmers. The pool may not have its depths listed, and if it is a shallow pool, a diver could be seriously injured and drown upon diving into the pool. Too many individuals have dove into shallow waters only to crack their skulls or hit the bottom and be unable to come up. The risks that are inherent with apartment pools should be addressed by landlords and property owners. In the event of a drowning, you should take appropriate legal action against the property owner.
How can I sue for liability if a family member drowned in an apartment pool?If you wish to sue for damages from a drowning in an apartment pool, you must be able to prove that the property owner was negligent in some way. Premises liability cases can be filed if any of these points are proven to be true:
- The property owner caused the hazard at the pool
- The property owner was aware of the issue at the pool but took no action to put up warning signs or fix the problem
- The property owner was not aware of any issues or hazards at the pool, but reasonably should have been if he were a more attentive and involved landlord
How can I file an apartment drowning claim?In order to file a lawsuit against a landlord or apartment complex because of a drowning, you must have adequate evidence and proof of negligence. This proof should contain the following:
- Pictures of the pool and any hazards that are present
- Surveillance footage or security footage of the incident
- Testimonies from any eyewitnesses or statements from people who could attest to the hazard being present and not being fixed
- Medical receipts if your loved one was taken to the hospital, or notes from EMTs and medical personnel
- A copy of your lease agreement
How much time do I have to file a lawsuit for a drowning in an apartment complex?You should be aware that the statute of limitations for drowning claims, or more specifically, personal injury claims, is 2 years from the date of the injury. This allows the lawsuit to be filed in an efficient manner of time and to not be kept aside waiting for an opportune moment. There are some exceptions to the statute of limitations, though. These exceptions allow the time limit to be increased past the 2 year limit. They include:
- Age of the plaintiff: If a guardian or parent dies and the only member of the family able to sue is an underage individual, the individual can wait until he turns 18 years old to sue. Minors cannot legally take action, so the statute will not kick in until his 18th birthday.
- Status of the plaintiff: Some incidents may have affected numerous people. If the surviving individual with the right to sue was also harmed in the incident and was left physically disabled or mentally incapacitated afterward, the statute would be suspended until he returns to normalcy.
- Location of the defendant: In order to file a lawsuit, the defendant must be present in the state. If the defendant is outside of the state, the time limit will be suspended until he returns.