What type of legal action can be taken if a swimming pool is not maintained properly?

In Oregon, if a swimming pool is not maintained properly, the owner may be liable for any injuries that occur due to this lack of maintenance. That means the injured person has a right to sue the pool owner for damages. This could include medical expenses, lost wages, pain and suffering, and even punitive damages. The type of legal action taken depends on the particular details of the case. For example, the injured person may choose to file a negligence claim against the pool owner, alleging that the lack of proper maintenance or supervision caused their injury or illness. It’s important to determine whether there is clear evidence of negligence or recklessness, such as a lack of pool maintenance or failure to warn of potential dangers. In some cases, the injured person may decide to pursue a premises liability claim. In this type of claim, the injured person must prove that the pool owner had a duty to maintain the property and failed to do so, leading to their injury. It’s important to note that the burden of proof is on the injured person to prove that the pool owner had a duty to maintain the property and failed to do so. Finally, if the pool owner was reckless or willful in their negligence, the injured person may decide to pursue a claim for intentional tort. This type of claim requires the injured person to show that the pool owner acted with a conscious disregard of the known risks and proceeded to act anyway, leading to the injury. If a swimming pool is not maintained properly, the owner may be liable for any resulting injuries. There are several legal options available to the injured person, including negligence, premises liability, and intentional tort claims.

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