As temperatures rise here in South Carolina, swimming pools offer a refreshing escape from the heat. The cool water provides welcome relief, and poolside gatherings often become the heart of summer activity. Whether it’s a quiet afternoon at a neighbor’s backyard pool or a vacation getaway at a bustling resort, these moments are meant to be carefree. But sometimes, a day in the sun can take an unexpected turn. Slippery surfaces, broken equipment, or a lack of supervision can lead to serious injuries. When that happens, the setting of the accident matters more than most people realize. Whether the incident occurred at a private residence, a public pool, or a resort, the legal path forward can look very different. An experienced swimming pool accident lawyer understands the critical distinctions and develops an appropriate legal strategy to maximize your compensation following a swimming pool injury.
Private Pool or Resort? A Swimming Pool Accident Lawyer Explains the Key Legal Differences
After a pool-related injury, one of the first questions Attorney Breen will ask is, “Where did the accident happen?” This may seem simple, but the answer dictates how your claim is evaluated under South Carolina law. That’s because the legal responsibilities of a property owner, or their “duty of care,” depend heavily on whether the pool is privately owned or part of a commercial resort.
Private Pool
If you were invited to a private residence, you’re considered a “licensee” under the law. This means the homeowner must warn you of any hidden dangers they know about, like a broken pool ladder or slippery decking, that wouldn’t be obvious to a typical visitor. They must also maintain the pool in a reasonably safe condition to prevent foreseeable harm.
When it comes to children, the law is stricter. South Carolina follows the “attractive nuisance” doctrine, which requires homeowners to take extra precautions to eliminate dangers on their property that a child might be tempted by, such as a pool. Homeowners are encouraged to install secure fencing, an alarm system, and/or floodlights around the pool to keep children from wandering into the pool area unsupervised, even if the child is technically trespassing.
Resort Pool or Public Pool
When you visit a resort or public pool, you’re classified as an “invitee,” which grants you more legal protection. Public pool operators and resorts have a higher duty of care. They must warn of hidden dangers and actively keep the pool area safe. That includes regular inspections, timely repairs, and compliance with strict state safety regulations. This elevated responsibility reflects the resort’s role as a commercial business that invites the public to use its facilities.
Understanding the distinctions between these two environments is key. The same type of accident, like a slip and fall, for example, could be handled very differently depending on where it occurred and who owns the property.
How a Swimming Pool Accident Lawyer Builds a Case
Whether an injury occurs at a private pool or a vacation resort, the foundation of any personal injury claim remains the same. Attorney Breen must prove negligence, causation, and damages. However, the evidence needed and the complexity of the legal process can vary greatly depending on where the accident happened.
Private Pool Claims
In cases involving private homeowners, the focus is usually on proving that the owner knew (or should have known) about a hazard and failed to take reasonable steps to fix or warn about it. For example, if a guest slips on a worn pool deck or is injured by a broken diving board, evidence might include:
- Photos of the unsafe condition
- Testimonies from witnesses who saw the hazard
- Prior complaints or knowledge of the issue
- Home maintenance records
- Documentation of injuries and medical treatment
These claims typically involve fewer parties and are often filed against the homeowner’s insurance policy.
Resort or Public Pool Claims
In contrast, resort pool injury claims are generally more complex. Resorts owe a higher duty of care and are subject to strict regulations regarding pool safety, signage, lifeguards, and maintenance. This means more types of evidence (and potentially more parties) are involved. Key pieces of evidence could include:
- Surveillance footage
- Pool inspection and maintenance records
- Staff training and lifeguard schedules
- Internal policies and safety procedures
- Incident reports filed with management
- Testimonies from other guests or employees
Depending on the situation, liability might extend beyond the resort itself. Other responsible parties could include third-party maintenance companies, property managers, or even lifeguard staffing agencies.
Both types of cases require proof that negligence caused the injury and resulted in damages, such as medical expenses, lost wages, or pain and suffering. However, resort claims often involve additional challenges, including layers of corporate responsibility, contractual relationships, and regulatory compliance. This makes it even more important to have an experienced swimming pool accident lawyer.
Attorney Matthew Breen understands these complexities. He successfully secured an $80,000 settlement for a client who tripped and fell on an uneven tile surface near a resort pool, an area the resort should have maintained to prevent such hazards. This case shows that even minor maintenance issues at a resort can have serious consequences when safety protocols are ignored.
Get Help From a Trusted Swimming Pool Accident Lawyer
Pools are often the center of summer life, setting the stage for joyful memories, family fun, and well-earned relaxation. Unfortunately, they can also become the scene of serious injuries when safety is overlooked. Whether the accident happened at a neighbor’s private pool, a resort, or a public pool, knowing your legal rights is essential.
If you or someone you love was injured in a pool-related incident, a trusted swimming pool accident lawyer can help determine who is responsible and what compensation may be available. From evaluating property conditions to navigating complex insurance issues, skilled legal guidance can make all the difference. Attorney Matthew Breen has the experience and dedication to guide you through this difficult time. Contact him today to schedule a free case consultation and take the next step toward justice.
