What type of legal action can be taken if a swimming pool is unsupervised?

If a swimming pool is unsupervised in New York, then injured parties may be able to take a variety of legal actions. Depending on the particular circumstances, these may include negligence claims or premises liability claims. In a negligence claim, the injured party will need to show that the owner of the swimming pool had a duty to supervise the pool, that this duty was breached, that the breach caused injury, and that there were actual damages. In a premises liability claim, the injured party must prove that the owner of the property had knowledge of the dangerous condition, and failed to make reasonable efforts to protect visitors from any foreseeable harm. Additionally, a claim for wrongful death can be brought if someone is killed in an unsupervised swimming pool. In this case, a personal representative of the deceased’s estate must show that the pool’s owner had a duty to supervise the pool, and that this duty was breached. It is important for those considering legal action against an unsupervised swimming pool to talk with an experienced legal professional. An attorney can review the facts of the case and advise on the best course of action.

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