Defective Swimming Pools

Product Liability Attorney Representing Victims in Maryville and East Tennessee

Many children drown in swimming pools each year, while many more are treated for injuries caused by near-drowning, such as brain trauma, lacerations, or spinal cord injuries. Even experienced swimmers may be hurt or killed in a swimming pool accident in East Tennessee. When some part of the swimming pool has a defect that causes your accident or your child's accident, you may be able to bring a claim against a manufacturer with the assistance of a product liability attorney. At the Hartsoe Law Firm, Maryville swimming pool accident lawyer Mark Hartsoe can represent you in a claim or lawsuit for compensation.

Injuries Caused by Defective Swimming Pools

Sometimes swimming pool accidents are caused by defects in drain covers, pool design, diving boards, sump pumps, flotation devices, or slides. In that case, you may bring a product liability lawsuit against the manufacturer of the item. The Tennessee Product Liability Act allows you to bring a product liability lawsuit based on theories of strict liability, breach of warranty, negligence, breach of express or implied warranty, failure to warn, concealment, misrepresentation, or nondisclosure.

To recover compensation under any of these theories, you will need to prove certain elements. To be strictly liable, for example, a manufacturer or seller would need to sell the product at issue in an unreasonably dangerous condition. Under the Product Liability Act, an unreasonably dangerous product is either a product that is dangerous to a degree beyond what an ordinary consumer would contemplate or a product that would not be put into the marketplace by a reasonably prudent manufacturer or seller if it were aware of the dangerous aspect of the product. There are three types of defects that may make a product unreasonably dangerous: manufacturing, design, or marketing defects.

While Tennessee has abolished the doctrine of joint and several liability in most personal injury claims, defendants in the chain of distribution that are liable under a theory of strict liability have joint and several liability. This means that you may sue multiple parties for design defects and recover the full amount of your economic and noneconomic damages from any single party.

If a defective product was altered after the manufacturer stopping having control of it, the manufacturer may present the alteration as a defense to strict liability. For example, if the pool drain was designed defectively such that it was too strong and trapped a child below the water, the manufacturer of the drain probably could be held strictly liable for the child's injuries or death. However, if the property owner tried to jerry-rig the drain to fit in place better, and then a child became trapped by the jerry-rigged drain, the manufacturer might be able to escape strict liability. A premises liability lawsuit against the property owner of the poorly maintained swimming pool might be appropriate in those circumstances.

Retain Experienced Maryville Lawyer Mark Hartsoe for Your Swimming Pool Accident Claim

If you are injured or a loved one is killed in a defective swimming pool, Maryville swimming pool accident attorney Mark Hartsoe can evaluate the facts of your case and represent you in a claim. Damages that may be pursued include medical bills, lost income, loss of enjoyment of life, and pain and suffering. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to set up your free consultation. Mark Hartsoe assists people throughout East Tennessee, including in Blount, Knox, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.

Client Reviews
Mark: We would like to thank you for all the hard work you put in winning our medical malpractice lawsuit. The money we were awarded will certainly change our lives. The fact that you never treated us like clients but instead like friends meant so much to us. Again from our hearts we say thank you. Client
The Peroulas family and I deeply appreciate your help and expertise. Although I am certain that it would have been most enjoyable to work with you on the trial, my clients are happy with what they and I believe to be a very favorable settlement, thanks in large part to your guidance. James S. Tipton, Jr.
We appreciate the great job that you did on our case. You watched out for our interest even before you took our case. Mark Hartsoe did a wonderful job. He showed great expertise as he went up against a multi-national corporation with multiple lawyers. He had a thorough understanding of the many details and events that occurred. We were especially impressed with his skill during mediation. Mark’s PowerPoint presentation was excellent, overwhelming the opposition. It was refreshing to work with someone who does what he says he will and truly had our best interest in mind. Thank you for everything. Dennis and Julie Greene
Just a short note to let you know we appreciate all of your hard work! Rhonda and Mike Cherrin
We would very much appreciate it if you would be so kind as to e-mail to our office the Powerpoint presentation that you made at the commencement of the mediation. Our General Manger was very impressed and would like to show it to the CEO and may in turn show it to other corporate personnel as an example of what can happen to the same or similar case when placed in the hands of an excellent lawyer such as Mark Hartsoe. William T. Wray