While swimming in the viewer’s pool, a friend broke her wrist. Although she swears she’s not going to do anything, the viewer is concerned that she can bring a claim against her. Premises liability lawyers Greg Fellerman and Molly Clark explain.
Dave Kuharchik: We’re in the heart of summer and that means a lot of good swimming time but there are sometimes issues with pools. We’ll talk about it tonight on “The Law & You” with attorneys Greg Fellerman and Molly Clark, who’s here for Ed. Thank you both for being here.
Molly Clark: Thanks for having us.
Dave: Alright, so swimming can be challenging and dangerous at times and, of course, that takes us to our question tonight with Sara in Dallas. Sara says, “My friend was swimming at our pool and slipped and fell getting out of the water and broke her wrist. She keeps saying she is not going to do anything about it but I am wondering can she bring a claim against me?” Does Sara, Molly, have worry here?
Molly: Sara, I don’t know that you would have a strong claim against you but she may have a claim. It would probably depend on if you had proper railings or grab bars or anything to get out of the pool. It would depend on how slick the surface was around the pool and if you knew there might be a problem with it. It would depend on a bunch of things, it wouldn’t be that easy of a claim to prove but if any of those things are in play and you’re worried about it, I would contact your insurance company and put them on notice of a potential claim. Knowing she’s your friend, she probably won’t do it but just to be sure you want to make sure you’re covered.
Greg Fellerman: I mean, I don’t like the case, personally, I don’t think. If you’re swimming and you see people slip and fall, we need a little more information. There’s some risk apparent when you’re swimming. You see kids, kids and adults, fall all the time around the pool. Usually, it’s not a negligence, it’s a condition that exists around a pool. It’s foreseeable that there would be water on a side walk or getting in and out of the pool. They happen. We’ve had cases where we’ve successfully recovered. We probably need a little more facts.
Dave: If you need to call the office with a potential legal question you want to check it out online, you could do that by visiting the sites at the bottom of your screen, and don’t forget results matter with attorneys Greg Fellerman and Molly Clark. Thank you for being here. There are two ways to get your question on “The Law & You,” “The Law & You” hotline and pahomepage.com
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