Can a swimming pool owner be held liable for an injury to a trespasser?
In Delaware, a swimming pool owner may be held liable for an injury to a trespasser depending on the specific circumstances of the case. Generally speaking, a pool owner in Delaware has a duty to maintain a safe swimming pool and to take reasonable precautions to guard against any foreseeable risk of harm. However, depending on the status of the injured party, the pool owner may be held liable for different levels of care. In the case of a trespasser, the pool owner may only be held liable if it can be proven that the owner knew or should have known that trespassers were in or around the pool, and that he or she failed to take reasonable precautions to protect the person from harm. Additionally, the pool owner may be held liable if it can be proven that the harm was foreseeable and that the pool owner failed to take reasonable precautions to protect against this type of harm. On the other hand, a pool owner may be held to a higher standard if a legal visitor, such as a tenant or social guest, is injured. In these cases, the pool owner may be held strictly liable for negligence if it is proved that the pool owner failed to maintain a safe environment and take reasonable precautions to guard against foreseeable risks of harm. In conclusion, a swimming pool owner in Delaware may be held liable for an injury to a trespasser depending on the facts of the case. The pool owner must provide a safe environment for all individuals who are on their premises and take reasonable precautions to guard against foreseeable risks of harm.
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