This depends on a lot more facts that would have to be examined in an intake interview with a personal injury attorney. The pool owner may have "medical payments" coverage to pay your medical bills; this does not require establishment of fault. However any settlement for personal injuries does require establishment of negligence on the owner, and yes, they will claim contributory negligence/comparative fault or "horseplay" as some call it.
However, personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Your question doesn't indicate what state you were in on vacation. I practice law in California and like many states, you can sue someone if they were negligent in some way. States differ on the effect of your own negligence. But if you were the sole person who was negligent, at least in California, you could sue, but it is unlikely you would win or that an attorney would want your case.
We regularly represent injured people. However, I'm not sure what you would be alleging the pool owner did wrong? Why would you think someone else is responsible for your actions? Just trying to understand why you would think about this in the first place, as it may reveal more about why the owner may have been negligent, in your opinion.
NC has the doctrine of contributory negligence. If you are found by a jury to be even 1% at fault, they will be instructed to give you nothing. It is an "all or nothing" proposition.
I concur in the thought that if all you need is some help with the medical bills, the property owner's medical payments coverage, which pays regardless of fault up to a limit of usually $5-10,000.00, may be a good solution.
In the end, if the pool owner did nothing wrong -- no claim, as it should be.
Hartsoe & Associates, P.C.
Offices in Winston-Salem and Greensboro
Sign up to receive a 3-part series of useful information and advice about personal injury law.