When diving or drowning accidents occur on commercial property, e.g., apartment complexes, liability is determined under traditional principles of negligence, gross negligence and negligence per se. The central issue is whether the property owner and/or occupier provided adequate safety measures under the circumstances. Relevant factors include failure to properly secure the pool from young children, the existence and condition of safety measures implemented into the pool design and maintained by the apartment complex, and the existence of and enforcement of safety rules by the complex.
When diving or drowning accidents occur upon residential property liability is still determined under traditional principles of negligence. However, a lesser duty of care is owed because of the absence of a landlord/tenant relationship between the victim and premises owner.
An expert under the supervision and direction of an attorney should immediately investigate diving and drowning accidents that occur upon commercial property. It is imperative that the investigation is completed before spoliation of the evidence occurs. An expert can determine and verify violation of safety codes and ordinances.
The Alexander Law Firm will thoroughly and competently investigate the facts and circumstances surrounding your case. We believe that time is of the essence to prevent evidence from being lost or destroyed; therefore, we immediately begin working on your case. At the Alexander Law Firm, initial consultations are free. You owe it to yourself to know your rights!
If you or a loved one has been the victim of a diving or drowning accident please call 1-800-350-5110 and then press 0 to speak with one of our injury attorneys.