This website is maintained by the Law Offices of Dean Malone, P.C., a Dallas, Texas law firm representing people across Texas for pool and lake injury cases. We have attempted to provide useful information for those harmed by pool and lake accidents.
Liability issues in pool injury cases can become a bit complex, especially when the accident occurs at a rental property. It is useful to have a Dallas pool injury lawyer in your hire to sort out the facts and determine who is ultimately at fault.
Landlord vs. tenant liability usually hinges on control of the premises. Generally the landlord cannot be expected to be liable for an accident that occurs when he/she has no control of the circumstances, such as at a pool party. However, there are exceptions.
The following factors are useful in determining whether the landlord or tenant is liable in a pool injury case:
Where the pool is located. If the pool is located on the rental property itself, the tenant is likely the liable party. However, the tenant may be one of many in a complex owned and operated by the landlord. If the pool is off the actual rented property in a common area, the landlord may be liable for the accident. However, the tenant may still be liable, particularly if the facts of the accident suggest that his negligence led to the injury.
The factors which led to the accident. If there was a defect associated with the pool at the time of leasing, the landlord may be liable. He may also be liable if there is a breach in a regulation or legal duty. On the other hand, if the pool accident occurred because of improper maintenance by the tenant, the landlord will not likely be liable.
The status of the injured person on the premises. In other words, is the victim a tenant, business associate, or friend? Is the victim a trespasser?