Summertime Blues
SUMMERTIME BLUES
The summer is the time when people like to kickback and put down a few cool ones. We use our swimming pools, set up the trampoline for the kids, and maybe even play some driveway basketball. Frequently, while we are enjoying the summer weather (despite this year’s incredible amount of rainfall) we tend to be a little less careful than usual and we may have the tendency to tempt fate. However, being too lax in our safety precautions can have serious consequences.
You may have heard about a backyard accident in the paper or from the neighborhood gossip. “Little Johnny Appleseed was invited to play at the Smith’s house and tripped in the driveway and now Johnny’s parents are suing Mr. & Mrs. Smith.” But a lawsuit against Mr. & Mrs. Smith may not be the answer especially if Mr. & Mrs. Smith just had their driveway re-paved and the company hired to do the job left a small crack that developed into a hole in a matter of days after the job was finished. If you hired someone to do work on your property, and their negligence caused the accident, perhaps your neighbor should sue them instead of you.
Swimming pools are another source of a potential summertime blues. You invite your son’s friend to use the pool. The two friends are having a grand time splashing around, playing water volleyball, or “doing cannonballs” when suddenly you hear screams. Pool injuries are not uncommon. Lately, a few too many people and children have had their hair, face, or bathing suit sucked into the pool drainage system and become severely injured. A jury could find that you are responsible because you owed a legal duty to your son’s friend to make sure he is not injured, however, a jury could also find that the swimming pool manufacturer and even the pool installer are at fault because of the type of drain installed. Nonetheless, you can help to protect yourself as the pool owner. Here are a few questions for swimming pool owners to think about to help protect themselves:
1. Was the visitor to your pool old enough to use it without appropriate supervision?
2. Have you properly maintained the pool and its surrounding areas?
3. Is the depth of the pool clearly labeled?
4. Is there a fence around the pool or pool to repel uninvited visitors?
If someone is hurt on your property, do not start apologizing, especially if you didn’t see the accident happen. If you didn’t see the accident, how do you know if it’s your fault or something the injured person cause to happen? You may be a nice person, overcome by guilt that something like this could happen on your property to your friend or neighbor but you may not be the person ultimately at fault. Nonetheless, keep your mouth shut until there has been a thorough investigation. Was someone landscaping in your yard and left a rusty tool in the grass? Did a professional worker come to clean your gutters and knock something loose from the roof leaving it in the precarious position to fall on someone’s head as soon as a light breeze started? Of course, if you know that there is something dangerous in your yard or house you are supposed to warn the people you invite onto the property. Some people put signs around the pool not to get to close to the drain and what to do if someone gets sucked into the drain. Perhaps you can post a warning sign saying “step down” if your floor drops off suddenly from the kitchen to the living room. Maybe even, put up a no trespass sign. Most importantly, keep paying your insurance premiums that cover accidents in the home.
Sometimes accidents are avoidable, sometimes they are not. In either event, taking adequate precautions to protect your family and friends, not to mention avoiding costly lawsuits, is well worth the time.
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