Legal Question in Personal Injury in Ohio

The parents of our school (not the school itself) is hosting our prom at a campground that has a swimming pool. The campground has a liability waiver in regards to the pool. In case of injury, who would be liable?


Asked on 4/09/12, 5:09 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Normally if a party is hosted at a campground and an injury occurs, there would be no liability on the part of the campground unless there was some conduct that represented wanton misconduct on the part of the owner of the property. The waiver is probably valid and enforceable especially if there is no fee being paid to use the pool. Under Ohio law this is considered a recreational activity and normally when someone is injured, unless you can prove that the conduct of the owner of the property was reckless or that there was a hidden defect in the property that the owner should have informed the visitor of, an injury of this nature would not result in successful litigation. The parents that are hosting the party would only be liable if there is alcohol served to minors and as a result of the alcohol someone is injured using the pool but it would have to be shown that the alcohol was served with the knowledge and consent of the host and that no steps were taken to prevent alcohol consumption at the campground. There are a number of twists and turns that this type of case could take in the event someone is injured, but generally speaking, a swimming pool injury does not create liability unless there was a defect in the pool or some other conduct that would be considered more than simple negligence. Simply because someone is injured using a pool does not mean that the owner of the campground or the host of the party would be legally responsible. Hope this helps

Read more
Answered on 4/10/12, 12:44 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Ohio