Swimming Pool Accidents and Personal Injury

Swimming pools are an excellent way to keep cool when it’s hot out. Kids can spend hours in the pool playing with friends in the summertime. But it doesn’t take much for a day at the pool to turn into a day in the emergency room. Deep water, wet surfaces, and crowds can make pools dangerous for swimmers.

If you get injured in a swimming pool accident, the pool owner may be liable for your injuries. To find out about your right to recover compensation after a pool accident, talk to a premises liability lawyer.

Common Causes of Swimming Pool Accidents

There’s always potential for accidents around swimming pools. This includes public pools and backyard pools. Swimming pool accidents can range from minor cuts to near-drowning accidents. Some examples of swimming pool accidents include:

• Slip and fall accidents
• Diving board accidents
• Spinal cord injuries
• Traumatic brain injuries
• Drowning
• Cleaning chemical burns

Pool accidents can cause serious injuries or even be fatal. Sometimes, getting compensation is challenging. The laws in some states require swimmers and pool users to assume the risk of their injuries.

Pool Owner Liability for Pool Accidents

Many swimming pool accident claims are based on premises liability. Premises liability law is a type of personal injury law where the property owner is liable for injuries on their property.

Property owners may have a duty of care to visitors. This includes protecting against dangers they know about or should know about and other unsafe conditions. For example, a pool owner has a broken step on a pool slide and doesn’t tell guests about it. A guest goes to use the slide and slips off the ladder, suffering a back injury. The pool owner faces liability for not fixing the ladder or warning the guest.

Premises liability claims depend on the type of visitor to the property and why they are there. In many states, there are three types of visitors:

• Licensees
• Invitees
• Trespassers

A visitor is a licensee when they’re on a property without any express or implied material benefit to the property owner. This includes friends or family members visiting someone’s home. An invitee usually provides some benefit to the property owner, such as a retail customer or delivery person. Trespassers don’t have the property owner’s consent to visit the property.

In some states, property owners only have a limited duty of care to trespassers. Other states, including California, have done away with these separate categories. These states decide liability based on the owner’s reasonable care to keep the property safe.

Swimming Pool Safety Regulations

Swimming pool safety regulations and requirements can depend on state and local laws. Many pool safety equipment requirements come from city and county ordinances. Property owners must know their local pool regulations and follow the local codes. Examples of pool safety requirements include:

• Enclosures that isolate swimming pools
• Approved safety pool covers
• Approved pool drain covers
• Safety alarms
• Self-closing gates

If someone files a claim for a swimming pool accident, lack of compliance can hurt your case. A local lawyer can help make sure you’re following all the necessary safety regulations.

Assumption of the Risk of a Pool Accident

Liability can shift to the injury victim if they assume the risk of a dangerous activity. If you engage in inherently risky activity, you may be liable if you get injured in a pool accident. If you decide to jump off your friend’s roof into their pool and get injured, you may assume the risk of injury.

Responsibility When Someone Drowns in a Swimming Pool

If you’re a private pool owner, you are liable for a pool drowning accident if you’re negligent. If children are in or around the pool, you may be responsible if they aren’t supervised when using the pool. You may also be liable if you don’t take steps to protect the pool area from unsupervised access.

A child drowning is the most tragic type of swimming pool accident. According to the Centers for Disease Control and Prevention (CDC), more children ages one to four die from drowning than any other cause of death. Drowning is the second leading cause of death for children ages five to 14.

Under the attractive nuisance doctrine, property owners have to take steps to keep their property safe if any children come onto the property. Even if young children enter without permission, you may still be liable.

Can You Sue the Pool Owner for a Fatal Drowning Accident?

If your loved one dies in a drowning accident, the property owner may be liable. The surviving family members can file a wrongful death lawsuit for compensation. A wrongful death claim is a way to hold the at-fault party responsible. Damages in a wrongful death lawsuit can include funeral expenses, loss of support, and loss of consortium.

How a Personal Injury Lawyer Can Help You File a Claim

In a swimming pool accident claim, the property owner’s insurance may cover the claim damages. The insurance policy may cover premises liability claims made against the property owner. Contact an accident attorney, and they can tell you about your legal rights.

Your personal injury claim attorney can negotiate with the insurance company to get a fair settlement offer to cover your losses. If the insurance company won’t settle, your lawyer can take them to court for full compensation. If you have questions about swimming pool injury claims, consult with a premises liability lawyer for legal advice.