The Role Of A Swimming Pool Accident Lawyer

little boy on the edge of a swimming pool

Swimming pools, whether public or private, present various risks that can lead to accidents and injuries. Slippery surfaces, inadequate fencing, malfunctioning equipment, and lack of supervision are just a few factors that contribute to these hazards. Moreover, incidents like drownings, near-drownings, diving accidents, and chemical exposure can have devastating consequences, ranging from physical injuries to emotional trauma and even fatalities. If you or someone you know was hurt, it is important to contact a swimming pool accident lawyer right away.

When Do You Need a Swimming Pool Accident Lawyer?

You might need a swimming pool accident lawyer if you or a loved one has been involved in an incident at or around a swimming pool that resulted in injury, death, or other damages. Here are some scenarios that can lead to the assistance of a swimming pool accident lawyer:

  • Injuries or fatalities
  • Premises liability (accidents caused by hazards such as slippery surfaces, broken equipment, inadequate fencing, or lack of supervision)
  • Product liability (defective pool equipment, malfunctioning pump, filter, diving board, etc)
  • Negligent supervision (if individuals or entities responsible for supervision were negligent)
  • Chemical exposure (improper handling of pool chemicals)
  • Insurance claims
  • Wrongful death

In any of these situations, consulting with a qualified swimming pool accident lawyer from The Roth Group can help you understand the legal avenues available to you and pursue the compensation you deserve for your injuries, losses, and suffering.

What Types of Injuries Happen in Swimming Pool Accidents?

Swimming pool accidents can result in a wide range of injuries, varying in severity from minor cuts and bruises to life-altering disabilities or even fatalities. Some common types of injuries that can occur in swimming pool accidents include:

Drowning and Near-Drowning

Drowning is a leading cause of death in swimming pool accidents. Near-drowning incidents, where individuals survive but may suffer from oxygen deprivation and other complications, can also result in serious injuries, including brain damage.

Head and Spinal Injuries

Slip and fall accidents around the pool area can lead to head injuries, including concussions, traumatic brain injuries, and skull fractures. Injuries to the spine, such as fractures and herniated discs, can occur from diving accidents or falls into shallow water.

Broken Bones and Fractures

Impact with pool edges, diving boards, or other objects can cause broken bones and fractures, particularly in the arms, legs, wrists, and ankles. These injuries can result from slips, falls, or collisions in or around the pool.

Soft Tissue Injuries

Sprains, strains, and contusions (bruises) are common soft tissue injuries that can occur in swimming pool accidents. These injuries may result from slipping on wet surfaces, awkward landings, or collisions with other swimmers.

Lacerations and Abrasions

Sharp edges, broken glass, or rough surfaces in and around the pool can cause cuts, lacerations, and abrasions. These injuries may require medical attention to clean, disinfect, and properly dress the wounds to prevent infection.

Chemical Exposure

Improperly balanced pool chemicals or accidental exposure to chlorine and other disinfectants can cause chemical burns, irritation to the skin, eyes, and respiratory system, and allergic reactions in sensitive individuals. Over 4500 individuals report to the emergency room every year because of pool chemical injuries. 

Emotional Distress

Swimming pool accidents, especially those resulting in serious injuries or fatalities, can have long-lasting psychological effects, including post-traumatic stress disorder, anxiety, depression, and fear of water.

Related: Suing For Emotional Distress

Who Is Liable in a Swimming Pool Accident?

Determining liability in a swimming pool accident involves assessing various factors, including the circumstances of the incident, the actions or negligence of parties involved, and the applicable laws and regulations. Liability may fall on one or more parties, including:

  • Property owners
  • Pool operators or managers
  • Manufacturers or suppliers
  • Contractors or maintenance companies
  • Lifeguards or supervisors
  • Other swimmers or visitors
  • Government entities

Determining liability in a swimming pool accident often requires a thorough investigation of the circumstances surrounding the incident, including gathering evidence, interviewing witnesses, and consulting with experts. An experienced swimming pool accident lawyer can help victims navigate the legal complexities and identify all potentially liable parties to pursue compensation for their injuries, losses, and suffering.

Swimming Pool Attorney for Public vs Private Property

The legal considerations differ between accidents that occur on public versus private property.

Public Property

If the swimming pool is owned or operated by a government entity, such as a public park, community, or municipal recreation center, special rules and procedures may apply to hold the government liable for negligence. These cases often involve navigating sovereign immunity laws, which may limit the government’s liability or require specific procedures for filing claims.

Despite potential immunity protections, government entities still have a duty of care to visitors using public swimming facilities. This duty includes maintaining the premises in good condition, providing adequate supervision (if applicable), and ensuring compliance with safety regulations and standards.

Suing For A Public Pool Accident

Victims of swimming pool accidents on public property may pursue negligence claims against the government entity responsible for the pool’s maintenance and operation. These claims typically involve proving that the government entity breached its duty of care, leading to the accident and resulting injuries.

Depending on local laws and regulations, there may be specific notice requirements and deadlines for filing claims against government entities for swimming pool accidents. It’s crucial to consult with an attorney familiar with these requirements to ensure compliance and preserve your right to seek compensation.

Private Property

In cases involving swimming pool accidents on private property, such as residential pools or pools at commercial establishments, the property owner may be held liable for injuries resulting from negligence.

Property owners have a duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards that could pose a risk of harm. This duty extends to swimming pools and surrounding areas, including pool decks, fences, gates, and equipment.

The legal status of the individual using the pool—whether they are invited or trespassing—can impact the property owner’s duty of care and potential liability. Guests, such as those at a hotel, or patrons of a commercial pool, are owed the highest duty of care, while trespassers may have limited legal protections. 

The exception to this is young children who are injured while trespassing. Colorado classifies swimming pools as an “attractive nuisance;” owners who do not take steps to adequately secure their pools still risk litigation if a child is harmed while illegally on the property.

Suing For Private Pool Injury

Victims of swimming pool accidents on private property can pursue negligence claims against the property owner or operator for failing to maintain a safe environment. This can involve proving that the property owner knew or should have known about the hazard that caused the accident and failed to take reasonable steps to address it.

In many cases involving swimming pool accidents on residential property, liability coverage may be available through the property owner’s homeowner’s insurance policy. An experienced swimming pool accident attorney can help victims navigate insurance claims and pursue compensation for their injuries and losses.

Consult With a Swimming Pool Accident Lawyer

Consulting with a swimming pool accident lawyer can help victims understand their legal rights and options for seeking compensation for their injuries and losses. Contact The Roth Group for a free consultation if you or someone you know was involved in a swimming pool accident.