Guide to Compensation for Injuries

A moment of leisure in a public swimming pool or water park can turn into a traumatic experience due to an injury. Slips, falls, or other accidents can cause significant physical harm and raise complex questions about liability and the means to obtain fair compensation. Understanding your rights and the procedures to follow is the first fundamental step to protect your position. In these circumstances, the assistance of an experienced personal injury lawyer in Milan is crucial to analyze the dynamics of the event and assess the existence of liability on the part of the facility manager, ensuring targeted and effective legal action.

The Manager's Liability: What the Law Says

Italian law identifies precise responsibilities for those who manage a facility open to the public, such as a swimming pool or water park. The main reference is Article 2051 of the Civil Code, which governs damage caused by things in custody. According to this norm, the manager (the custodian) is responsible for damages caused by the structure itself and its appurtenances, unless they prove the so-called 'fortuitous event'. This means that liability arises simply from having availability and control of the place, regardless of any negligent conduct on their part. The manager therefore has the obligation to adopt all necessary measures to prevent dangerous situations, such as slippery flooring, defective equipment, or inadequate supervision.

The manager's liability can stem not only from a structural defect but also from deficient organization or maintenance. Wet and unmarked floors, slides with anomalies, lack of supervisory staff, or inadequate first aid equipment are all elements that can form the basis of a compensation claim. It will be the burden of the injured person to demonstrate the causal link between the thing in custody (the swimming pool, the floor, the slide) and the damage suffered, while it will be up to the manager to prove that the event was caused by an unpredictable and exceptional factor, outside their sphere of control, to be exempt from liability.

The Approach of Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in personal injury compensation in Milan, is based on a rigorous and personalized analysis of each individual injury case. The first phase consists of a meticulous reconstruction of the incident's dynamics, through the collection of all available documentation: emergency room reports, medical certificates, photographs of the incident scene, any witness statements, and police reports. This activity is fundamental for establishing the causal link and precisely quantifying the extent of the damage suffered, whether it is biological, moral, or patrimonial in nature.

Subsequently, the Bianucci Law Firm proceeds with the evaluation of the most effective strategy. Where possible, an out-of-court path is preferred, initiating direct dialogue with the facility manager's insurance company to reach a fair compensation agreement within a reasonable timeframe. If this path does not lead to a satisfactory result, legal action is pursued, assisting the client at every stage of the process. The goal is always to obtain the maximum possible compensation for all damages suffered, ensuring complete and transparent protection.

Frequently Asked Questions

Who is responsible for a swimming pool accident?

Liability for a swimming pool accident generally falls on the facility manager, as the custodian of the place under Article 2051 of the Civil Code. They are obliged to ensure user safety through proper maintenance, adequate supervision, and the adoption of all necessary preventive measures. The manager can only be exempt if they demonstrate that the accident occurred due to a 'fortuitous event', meaning an unpredictable and unavoidable event not attributable to their negligence.

What should I do immediately after an injury at a water park?

Immediately after an injury, it is crucial to seek medical assistance by going to the emergency room to obtain a diagnosis and initial treatment. It is also important to immediately report the incident to the facility staff, gather evidence (photographs of the location and the injury), and note down the details of any witnesses. Keeping all medical documentation and receipts for expenses incurred will be essential for the subsequent compensation claim.

What damages can be compensated in case of a fall in a swimming pool?

In case of a fall or other accident, various types of damage can be compensated. 'Non-pecuniary damage' includes biological damage (injury to psycho-physical integrity), moral damage (internal suffering), and existential damage (deterioration of quality of life). 'Pecuniary damage', on the other hand, includes both 'emergent damage' (medical, rehabilitative, and pharmaceutical expenses incurred) and 'loss of profit' (loss of earnings due to inability to work).

How much time do I have to claim compensation for a swimming pool accident?

The right to compensation for damage arising from an unlawful act, such as a swimming pool accident, generally lapses after five years from the day the event occurred. However, it is advisable to act promptly to avoid compromising the ability to gather effective evidence and to initiate the necessary procedures to protect your rights as soon as possible. Acting quickly allows for more effective case management.

Request an Evaluation of Your Case in Milan

If you or a family member has suffered an injury within a swimming pool or water park, it is essential to fully understand the legal options available to you to obtain fair compensation. The Bianucci Law Firm offers targeted advice to analyze the feasibility of legal action and define the most appropriate strategy. Contact lawyer Marco Bianucci for an in-depth and professional evaluation of your case in Milan and to receive the necessary assistance to protect your rights.