What are the typical defenses used by swimming pool owners in a swimming pool accident case?

In North Carolina, swimming pool owners may use a variety of potential defenses in the event of a swimming pool accident. Common defenses include the doctrine of assumption of risk, primary assumption of risk, comparative negligence, contributory negligence and assumption of responsibility. The Doctrine of Assumption of Risk typically applies when someone voluntarily participates in a dangerous activity with the knowledge and understanding that serious injury may occur. The Primary Assumption of Risk defense may be used when an injury results from a necessary and foreseeable risk in a particular activity, such as a diving board around a swimming pool. Comparative negligence is a type of defense which may be used by swimming pool owners in cases of accidents. This defense assigns degrees of fault to both the plaintiff and the defendant, whereby the plaintiff can be held partially responsible for their own injury. The defense of contributory negligence is typically used if the swimming pool owner can show that the plaintiff was negligent and that the plaintiff’s negligence was a cause of the injury in question. The defense of assumption of responsibility may be used if the swimming pool owner had warned the guest of the potential risks of using the pool. Ultimately, the legal defenses available to a swimming pool owner in a swimming pool accident case may vary depending on the facts and circumstances of the particular case. An experienced swimming pool accident lawyer can help swimming pool owners in North Carolina understand their legal rights and defenses.

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What are the typical defenses used by swimming pool owners in a swimming pool accident case?

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