When Summertime Fun Turns Into Tragedy

The kids are out of school, vacations are beginning, and backyard barbeques are burning. It’s official: summertime is here. Sadly, along with summertime comes an increase in drowning deaths.

Who is liable when drowning occurs in a pool? The investigation in each individual case will determine the duties owed by each of the parties involved. When establishing premises liability, the duties owed are determined by the individual’s purpose for being on the property involved.

When investigating liability, the person involved will fall into one of four categories: invitee, licensee, trespasser, or social guest. Each category requires the exercise of a different duty owed or care to be provided. The category is determined by the nature of the visit.