Every year when warm weather arrives, many people enjoy going for a swim at a residential, hotel, or casino pool. However, improper safety practices can result in severe harm to swimmers. This is especially true for children, as about 20 percent of pool drowning victims are under the age of fourteen. According to the Centers for Disease Control and Prevention, drowning is the fifth-highest leading cause of unintentional injury death in the United States and the number-one cause of death for children between 1-4 years old.
Additionally, swimming pool injuries often result in hospitalization and can cause long-lasting complications such as brain injury or damage. Severe brain damage can result in memory loss, learning disabilities, and permanent loss of basic motor skills such as writing, speaking or driving. Therefore, it is important for injured swimmers to get immediate medical attention and retain counsel. At Van Law Firm, we want to ensure your full recovery while also holding swimming pool owners and operators accountable for any negligence. Contact us today for free legal advice from an empathetic personal injury attorney.
Common Causes of Swimming Pool Accidents
A swimming pool accident can be caused by a number of different factors, including but not limited to:
- Failure to cover or gate pools/hot tubs: Uncovered or improperly covered or secured pools and hot tubs can create an “attractive nuisance” which is especially dangerous with young children.
- Contaminated water: Incorrect or lacking use of decontaminants can make swimmers sick and lead to harmful bacteria growth in the water.
- Defective drains: The suction on an outdated drain can easily trap a small child or inexperienced swimmer against the bottom of the pool.
- Slippery surfaces: Wet surfaces around pools can cause slip and falls and other serious injuries.
- Poor lighting: Insufficient lighting can result in slip and fall accidents or other serious injuries in and around the pool.
- Inadequate safety equipment: Broken, malfunctioning, or the complete lack of safety equipment such as life preservers can prevent rescue and result in drownings and near-drownings.
- Inadequate warning signs: Failing to post a clear warning sign around wet and slippery areas can cause a slip and fall or other serious accident.
- Untrained/distracted lifeguards: A lifeguard who is not properly trained or is distracted (texting, etc.) may fail to provide adequate supervision and inadvertently cause injuries to swimmers.
For a free legal consultation with a pool drowning lawyer serving Nationwide, call (725) 900-9000
Injuries in Swimming Pool Accidents
While drownings and near-drownings are the leading cause of swimming pools injuries and accidents, there are more injuries that can arise from swimming pool accidents. Other accidents and injuries around the swimming pool may include:
- Diving Board Injuries
- Swimming Pool Slide Injuries
- Slips and Falls
- Pool Toy Entrapment
- Suction Entrapment
- Submersion Injuries
- Electrocution
- Pool Drain Injuries
- Chemical Irritations and Injuries
Any of these types of swimming pool accidents can lead to severe injuries like traumatic brain injuries or spinal cord injuries. In some cases, these incidents can even lead to death. If you or a loved one has been injured or lost their life in a swimming pool accident, please contact the legal team at our personal injury law firm as soon as possible.
Nationwide Pool Drowning Lawyer Near Me (725) 900-9000
Public vs. Private Liability and Lifeguard Requirements
Public
Swimmers in a casino, resort, or hotel pool are considered “invitees,” which means they are owed the highest standard of care from property owners. Because invitees are typically visiting the property for the owner’s benefit (they are paying a fee to use the pool, etc.), the property owner is expected to:
- Actively find potential hazards
- Conduct regular inspections
- Operate the pool in accordance to code
- Remedy hazards immediately
- Warn guests of hazards while they are being remedied (ex: wet floor signs)
- Hire a sufficient amount of security and pool maintenance personnel (lifeguards, etc.)
- Plan and train for emergency incidents
- Develop standard protocols for emergency incidents
- Acquire the proper resources to run the pool area safely
Lifeguards and their regulations are a huge part of public swimming pool accidents. A facility is required to keep guards on staff if the pool area admits unsupervised children under 14 years old, or if the pool has a surface area of over 2,000 square feet. Additionally, a guard must be physically present at the pool whenever the number of swimmers exceeds 80 percent of the maximum capacity. Shift rotations must be done in such a way that no guard is on active watch for more than 60 consecutive minutes at a time. Any guard working in three or more feet of water needs to have a rescue tube on their person.
Even if a casino or resort had lifeguards present at the time of the accident, the owner will not be absolved of liability if they were distracted or unreasonably delayed in providing rescue services. Lifeguards around the country are expected to be able to follow the “10/20 rule,” which means that they should be in a position to identify a problem in 10 seconds and make it to the victim within 20 seconds after recognition. Lifeguard chairs or towers must be tall enough to see the entire surface area and bottom of the pool, and it must be in the shade or have overhead coverage.
In addition, public swimming facilities must have a wide array of safety equipment on site at all times, including:
- At least one spinal injury board with head and neck stabilizers
- Personal protective equipment such as resuscitation masks and latex gloves
- At least one Coast Guard-approved rescue throwing device
- At least one 12 to 16-foot reaching pole
When swimming pool accident injuries occur at a casino, hotel, or resort, multiple parties can be held liable. These parties can include the hotel, the swimming pool operator, the lifeguard company, and numerous insurance companies.
Fortunately, these pools usually have multiple security cameras that can capture swimming accidents. However, this footage is usually not stored for a long period of time. Therefore, injured swimmers should contact a personal injury attorney immediately to ensure that this footage is preserved for a lawsuit.
Private
When a homeowner invites guests to swim, there is an expectation that the hosts have made their property, particularly the swimming area, reasonably safe. The pool owner has an additional duty to warn guests of any hazards if it is likely that guests will encounter them. For instance, if there is a ladder or slide that is not properly functioning, the pool owner has an obligation to notify their guests.
Additionally, proper barriers/fences must be installed because improperly secured pools are considered “attractive nuisances.” For many states, an attractive nuisance is a condition or object on property that is likely to attract children. This means that the pool owner could be held liable for accidents, even if the child was not given permission to enter the pool.
When an injured swimmer sues an insured homeowner, the homeowner’s insurance policy will handle the litigation. If the injured party wins, the insurance company will pay for the plaintiff’s damages up to the limit of the homeowner’s coverage. If the plaintiff’s damages exceed the policy limit, the plaintiff can sue the homeowner individually for the difference.
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How Much Does It Cost to Hire a Swimming Pool Accident Lawyer Near Me?
There is no out-of-pocket cost to hire an experienced pool accident attorney. We’ll get you started by scheduling a free case evaluation, then will do everything in our power to help you recover just compensation. If we can’t reach a fair settlement in your case, our trial lawyers will take care of litigation—again, at no cost to you. Once we’ve helped you through every step of this process, you still won’t owe us a penny unless we win your case.
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How Much Is My Swimming Pool Accident Claim Worth?
The potential compensation in your swimming pool case depends on the specifics of your accident, the degree of negligence of the liable party, and what damages you’ve incurred as a result of said negligence. Common damages in accidents that involve swimming pools include:
- Past and future medical expenses
- Existing medical bills
- Diminished quality of life
- Pain and suffering
If a family member or loved one lost their life as a result of a pool accident, you may also be able to file a wrongful death lawsuit on their behalf. One of our esteemed pool accident lawyers will work hard to determine how much compensation you may be entitled to. Then, our resourceful personal injury attorneys will help you to get the money you deserve.
How Long Do I Have to File a Claim After a Pool Accident?
In most cases, the statute of limitations on personal injury cases is two years. That means that you have two years from the date of injury to file a claim. However, depending on the state you reside in and the details of your accident, the statute of limitations may become shorter or longer.
A pool injury lawyer can help you navigate the details of your case and ensure that your claim is filed on time. Contact our team at Van Law Firm to discuss your case with some of the best lawyers in the business—each and every one of our team members will work hard to protect your rights and get you the results you deserve.
How Can a Swimming Pool Accident Lawyer Near Me Help?
When you’re searching for trusted and experienced swimming pool injury attorneys, Van Law Firm is here to help. With hundreds of 5-star reviews online and over $150 million won for our clients to date, there’s no case we can’t handle. Our swimming pool accident attorneys are knowledgeable in a variety of practice areas, including premises liability. We have years of experience successfully negotiating with insurance companies and defense lawyers. Call our office nearest you today to meet our team and get started with a free consultation.
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