PRACTICE AREA - SWIMMING POOL ACCIDENTS
Swimming Pool Accident
Swimming pools can be a great source of exercise and fun, especially on nice days. However, these can also be dangerous places as well, especially for children. It is estimated that 10 people die every day from unintentional drowning(opens in a new tab). Emergency rooms treat about 6,400 pool injuries(opens in a new tab) every year, and that’s just talking about children under 15. Things happen, which is why you may need the help of a personal injury lawyer(opens in a new tab). If you have a swimming pool injury claim, you will need the help of an attorney to help you get the compensation that you deserve.
Types of Swimming Pool Accidents
Typically when people think of swimming pool accidents, they immediately think about drowning incidences. However, these account for only a portion of the accidents that can happen poolside. Here are some of the common swimming pool accidents:
- Diving accidents
- Drownings or near-drownings
- Injuries caused by faulty pool parts including vacuum or filter
- Chemical burns caused by chemicals used in the pool
- Electrocutions
- Infections
- Concussions, other head injuries, and spinal injuries for jumping into a shallow pool.
- Broken bones
- Soft tissue damage
- Lacerations
Unfortunately, pool accidents can lead to serious injuries such as wrongful death, burns, broken bones, and neck and back injuries.
Some causes of these accidents include:
- Lack of fencing or other features blocking access to the pool.
- Ladders that are faulty or in disrepair.
- Pools with deep ends that are excessively shallow.
- Loose tiles around the pool.
- Not having anti-entrapment devices.
- Slippery surfaces
- Unmarked depth changes
- Use of substances like drugs or alcohol
- Seizures
- Unsupervised swimming
These pool accidents can happen in both private swimming pools and public swimming pools.
Determining Liability in Swimming Pool Accidents
If you had an accident poolside, you may be eligible for compensation if the property owner was negligent.
Swimming pool owners are responsible for
maintaining a safe pool area for people of all ages.
They must ensure that the pool is in good repair and put up fencing to restrict access to the pool when no one is around. Some examples of liability include:
- The pool filter or other pool part manufacturer, if the part was faulty in any way.
- The pool maintenance company, if they are the ones responsible for putting the chemicals in.
- 3rd party guest, who may have acted recklessly.
- 3rd party who was negligent, such as a lifeguard or other public pool employee.
A personal injury lawyer can let you know if someone else is responsible for your accident, which means that you are eligible for compensation.
The Residential Swimming Pool Safety Act
Florida has specific rules for private pool owners. In short, these laws require pool owners to install various safety features in order to protect children from getting into the pool without any supervision. Some of these safety features are:
- Installing a self-closing and self-latching device on any entry into the pool, with high latches so children can’t reach it.
- Install a safety cover approved by these regulations.
- Install a fence around the pool preventing direct access to the pool.
- Install an exit alarm on the windows and doors.
Should a pool owner not obey this law, they are liable for any injuries that take place on their property.
There are several things that a responsible swimming pool owner must do in order to protect themselves from negligence claims. They should regularly check the pool area to ensure that it is safe from hazards. They should also perform regular maintenance (or hire a professional) so that they can make sure that the pool is always as safe as possible. If there are any problems, they should fix them right away to avoid any accidents from occurring.
What to Do if There’s a Pool-Related Accident
You need to take note of the incident, taking pictures of where it occurred and your injuries. If offered, you should accept any medical attention so that you can be sure that you’re not more seriously injured than you thought. This also provides documentation for your personal injury claim. If you were injured at a public pool, be sure to get any information that you can from the witnesses, especially their names and contact information. At a public pool, you should also make sure that the staff is aware of the accident so that they can help you seek medical attention and to fill out an accident report.
If you were injured in a pool-related accident, you are entitled to proper compensation, including:
- Medical expenses
- Emotional distress
- Loss of life
- Lost wages (current and future)
- Additional medical care as a result of the accident
These are just a few of the reasons why you deserve compensation from your accident.