What is the difference between negligence and strict liability in swimming pool accident law?

Negligence and strict liability are two primary theories of liability that may be invoked in swimming pool accident law in Wisconsin. Negligence is when a party fails to exercise reasonable care, resulting in harm to another. To prove negligence in a swimming pool accident, it must be shown that the defendant owed a duty of care to the plaintiff, that duty was breached, there was an injury, and the breach of duty was the cause of the injury. The injured party must prove that the defendant was negligent in order to hold them liable for damages. Strict liability, on the other hand, is a theory of liability where an individual is liable for injury regardless of negligence or fault. In swimming pool accident law in Wisconsin, a pool owner may be held strictly liable for any injuries sustained in or around their pool if the injured party can show that the defendant was in control of the pool or that the owner had a special relationship with the plaintiff. Additionally, the plaintiff must show that they were using the pool in a reasonable and foreseeable manner. In conclusion, the difference between negligence and strict liability in swimming pool accident law in Wisconsin is that negligence requires the plaintiff to prove that the defendant was careless or negligent, while strict liability means the defendant is held liable regardless of fault.

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