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A Governmental Entity's Liability for Negligent Injury to a Child at a Swimming Facility

A negligence claim may arise from the negligent operation of a swimming pool, or other artificial body of water on another person or entity's property. However, with regards to a governmental entity, such as a county, it is generally immune form liability because it has the discretion to operate or not to operate a swimming facility. Therefore, if the governmental entity decides to operate a swimming facility it assumes the duty to operate the facility in a safe and reasonable manner, just as a private individual or corporation would be obligated to do under the circumstances. Consequently, the governmental entity has a duty to operate the property in a reasonable and safe condition, which includes warning people, especially children, of any dangerous conditions that it knew or should have known. In this regard, when a governmental entity sponsors or schedules an activity at a public swimming facility, such as a summer camp outing, and the amount of children is large enough that a private landowner would be obligated to provide supervision under like circumstances, the standard of care that is required of the governmental entity may create an issue for the jury or trier of fact to determine.

The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to drowning in a swimming pool or other artificial body of water. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




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