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Il injury lawyerSummer is on its way, temperatures are heating up and many people are taking to swimming pools to cool down. While swimming pools are a fun way to beat the heat, they can be dangerous. According to the National Safety Council, there are more than 7,000 deaths from drowning that occur throughout the country each year. Most of these deaths occur to children who are under the age of 5. In fact, drowning is the leading cause of death and injury to children who are under the age of 5. Almost all swimming pool accidents are preventable, so it is important to understand what you can do if you or your child has been injured or has died in a swimming pool accident.

Causes of Swimming Pool Accidents

Swimming pool accidents are almost always preventable, which is why it can be so devastating when an accident happens. Some of the most common causes of swimming pool accidents include:

  • Inadequate lifeguard supervision
  • Lack of or inadequate markings or barriers dividing the shallow section of the pool from the deep section
  • Missing safety equipment, such as life jackets or life rings
  • Lack of gating, fencing or pool covers

Proving Negligence

To have a successful swimming pool accident claim, you must prove that the property owner was negligent and knew about certain dangerous conditions that were present on his or her property. The Illinois Civil Jury Instructions state that negligence is “a failure to do something which a reasonably careful person would do.” For example, most people would understand that swimming pools pose a danger to children and would have a fence or pool cover on the pool when it was not in use. If a child were to drown in a pool that did not have these safety features, you may be able to claim that the property owner was negligent.

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Il accident lawyerAccidents are called accidents for a reason -- they happen unexpectedly. When it comes to accidents that occur on private property in Illinois, accidents can range from slipping on ice and snow in the winter to drowning in a swimming pool. Premises liability is the idea that property owners are responsible for accidents that occur on their property. The Illinois Premises Liability Act contains information about responsibility and negligence when it comes to maintaining property and allows those who are injured on another’s property to pursue compensation.

Owner Responsibilities

The Premises Liability Act states that property owners have a duty to those who are on their property to take “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” This means that property owners are required to ensure their property is physically safe for others to be on. It also means that property owners are responsible for overseeing the acts of others while they are on their property.

Elements of a Successful Premises Liability Case

If you have been hurt while on another’s property, you may have grounds for a premises liability lawsuit. There are certain elements that must be present in order to have a successful outcome of a premises liability case. To win a premises liability case, you must prove that:

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