The Swimming Pool : Part 3
Q: Our seven-year old went to the park. The playground is right next to a swimming pool. Upon the playground there was a set of steel bars called the ‘monkey bars’. It looks somewhat like a collection of ladders.
In hindsight, these monkey bars had become wet from their use by children emerging from the pool. Although there was a life guard at the pool, no one was supervising the playground.
Our daughter was climbing upon the bars. Her hands slipped on a moist one. She fell to the ground. Can we sue in negligence?
A: In a case like this, the owner of the playground likes to claim that it breached no duty. The owner will say that your child ‘assumed the risk’. The owner will claim that it had no particular duty of supervision. Generally, a court will rule that these questions are for the jury to determine.
Our legal system is far more likely to find ‘assumption of the risk’ when the victim is an adult. For example, suppose a professional baseball player goes upon a wet and muddy field. He injures his knee, and his career is ended.
The baseball player is likely to be found to have ‘assumed the risk’. He probably had enough time, and even a duty, to become aware of the wet and muddy condition. Players in such a situation are likely to call the attention of groundskeepers to fact that there are puddles and also to make comments to the manager.
The legal considerations are different for a child, and it sounds like your case is a strong one.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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