Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

The time is here for Baltimore residents to beat the summer heat, with many turning to area pools and water sources in those efforts. While the water may feel great on a hot day, unfortunately, many children are injured each summer during trips to pools and waterparks.

For instance, one toddler was recently injured while playing at a splash park. The boy came into contact with a piece of metal near the park, which caused him to suffer second and third degree burns. The family is now speaking out after the child injury, voicing their concerns over the safety of the park.

Cases like the above are unfortunately not as uncommon as some may think. Swimming pools, splash parks and other amusement parks can be dangerous places for children when the premises are not properly constructed or maintained. This includes the more obvious dangers, like drain injuries that can occur at swimming pools or injuries that happen when children dive into a shallow pool. It also includes other incidents, however, such as the metal in the case above.

Given these dangers, owners and operators of swimming pools and waterparks are expected to maintain the premises in a reasonably safe condition. There are even federal and state laws governing these facilities, which impose additional standards that must be met for the safety of children.

When owners and operators fail to keep their property in a safe condition, and a child is injured as a result, the injured child may have a cause of action based on the owner's negligence. It is important to determine whether any regulations were violated, and whether the owner knew or should have known about the danger but failed to do anything about it. Accordingly, an investigation can be made after the incident to determine what happened, and whether there is any legal liability for the owner.

Source: WOWT, "Toddler burned at West Omaha sprayground," June 26, 2014

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