1. Premises Liability:
In general, the owner or operator of the swimming pool may have a duty to provide a reasonably safe environment for swimmers. This includes providing adequate warning and signage about potential hazards, if lifeguard are not on duty. If the pool lacked proper signage warning swimmers about the absence of a lifeguard, it could potentially contribute to liability.
2. Duty of Care
The specific duty of care owed by the pool owner will vary depending on the jurisdiction. In most cases, pool owners are expected to take reasonable precautions to protect visitors from foreseeable hazards. If the pool owner should have reasonably anticipated that a swimmer doing cannon ball could cause injury to others and did not take steps to prevent it, they could be held liable.
3. Negligence of the Swimmer
The actions of the swimmer who performed the cannon ball into the pool will also be relevant. If their behavior reckless or grossly negligent, they could be held responsible for causing the injury to the injured party.
4. Comparative Negligence:
Some jurisdictions apply the principle of comparative negligence in personal injury cases. Under this approach, the injured person's own negligence may reduce the amount of compensation they can recover. If the injured person contributed to their injury by disregarding warning or engaging in unsafe behaviors, their compensation could be reduced.
5. Assumption of Risk:
Pool signage warning about the absence of a lifeguard could also serve to inform swimmers that they are entering the premises at their own risk. If the injured person voluntarily entered the pool knowing that a lifeguard was not on duty, it may affect the liability of the pool owner or operator.
It's essential to consult with a legal professional experienced in premises liability and personal injury cases to determine the potential legal responsibilities and rights of the injured person and the pool owner or operator in such a situation. The laws and regulations governing liability in such cases may vary significantly among different jurisdictions.
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