Are there any special legal considerations for swimming pool accidents involving a minor?

Yes, there are special legal considerations for swimming pool accidents involving a minor in Maryland. Generally, the injured minor is entitled to seek compensation under the same theories of negligence as adults, specifically, a duty of care, breach of duty, and damages that were caused by the breach. However, the law in Maryland requires a higher duty of care for a minor swimming in a pool. Specifically, the adult in charge of the pool must maintain a greaterwatchfulness over a minor swimmer than over an adult swimmer. The adult must also be aware of the minor’s capabilities and recognize when the minor is in danger. Furthermore, in order to protect a minor’s rights, a parent must authorize any medical treatment and sign a release of liability for the minor’s injuries. Furthermore, the law in Maryland holds a pool owner strictly liable for a minor’s injuries if the pool owner does not have reasonable notice of the minor’s presence and a reasonable belief that the minor’s entry in the pool is likely to cause an injury. This means even if the pool owner was not negligent, they may still be liable for the minor’s injuries. Therefore, in order to avoid liability for a minor’s swimming pool accident, a pool owner in Maryland should maintain a higher level of care for a minor, have authorization from the child’s parents for any medical treatment, and take reasonable steps to prevent the minor’s access to the pool.

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