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

Legal action can be taken if a swimming pool is not maintained properly in South Carolina. Depending on the particular circumstances, a person who is injured as a result of a pool not being adequately maintained may have grounds to pursue a variety of civil remedies. Generally, a person who is injured by a swimming pool due to negligence has the right to bring a personal injury lawsuit against the pool owner and/or operator. This type of tort action seeks compensation for personal injury damages resulting from the owner’s failure to exercise reasonable care to keep the pool safe. In a negligence action, the injured person must show that the pool owner had a duty to maintain the swimming pool and failed to do so, leading to the injury. The person must also prove that the lack of maintenance was the direct cause of the accident that resulted in the injury. In addition to a negligence action, a person may pursue a products liability claim against the swimming pool manufacturer or installer if the design or construction of the pool was defective and led to injuries. A breach of warranty or a breach of contract action may also be appropriate if the injury was caused by a failure to comply with a warranty or contractual agreement. In some cases, criminal charges may also be brought against the pool owner if the lack of maintenance was extreme and resulted in someone sustaining a serious injury or death. In addition, an injured person may also be able to receive financial assistance from a local government if the incident occurred due to the lack of maintenance of a public swimming pool.

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

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