SWIMMING POOL ACCIDENTS
Suppose you or a loved one has suffered an injury due to a swimming pool accident on the unsafe property of another party. In that case, you may be eligible to pursue legal action to receive compensation for your injuries and other losses.
Contact a swimming pool accident attorney at TorHoerman Law today for a free, no-obligation case consultation.
You can also use our chatbot to receive a free instant online case evaluation to determine if you qualify for compensation.
Swimming Pool Accidents
Going to the pool is an exciting day filled with sun, fun, and relaxation for most people.
Swimming is something to look forward to during the hot summer months, a great way to let the kids burn off some energy when the family is stuck in a hotel or a relaxing place to spend time with friends and loved ones on vacation.
Unfortunately, pool accidents happen, and these fun days at the pool can quickly turn into nightmarish situations.
You can avoid most pool day disasters if you're prepared and follow a few simple steps.
But not all accidents are preventable, and some are simply out of our control.
Sometimes, pool owner mistakes or failures within the pool or facility itself can cause a swimmer to sustain a pool accident injury through no fault of the injured swimmer.
These swimming pool accident injuries can range from minor cuts and bruises to more serious ones like drowning.
If you or a loved one has been involved in a swimming pool accident, contact a swimming pool accident attorney or drowning attorney immediately.
You may be entitled to compensation for your injuries, primarily if the pool owner/operator acted negligently, the pool failed to meet specific safety requirements, or a defective product caused the injury.
Pool accident statistics
Last year, more than 60,000 people in the United States were treated in emergency rooms for injuries related to swimming pool accidents.
Each year, 5,000 children under the age of 9 drown as a result of swimming pool accidents, while more than 3,000 children seek treatment for serious swimming pool injuries.
It only takes a few minutes for a drowning adult to develop brain damage from drowning. Even less time is needed for kids.
And children are the most vulnerable to drowning in the population.
In more than 1 in 4 drowning cases, the victim is 14 years of age or younger.
Every child who drowns, 4, receives medical treatment for drowning-related severe injuries, such as brain damage.
Private swimming pools are the most prone to accidents
Research shows that accidental deaths in the home are 100 times more likely to be caused by swimming pools than by firearms.
The summer months see the highest percentage of deaths of all seasons, with an average of about ten water-related deaths per day.
Swimming pool accident injuries.
The range and severity of swimming pool accidents are wide, involving many different types of injuries.
Less severe injuries are more likely than life-threatening injuries.
It's common to get a scrape, cut, bruise, abrasion, or burn due to a swimming pool accident.
Irritations, burns, and allergic reactions are sometimes caused by the body's response to the chemicals used to clean swimming pools, mainly when unsafe chemicals are used.
The disease can spread in swimming pools and facilities that must be adequately cleaned and controlled.
Although not as expected, the most severe injuries still occur in swimming pools.
Some of the more severe injuries that can occur in the pool are:
- Broken bones
- Blunt force trauma:
- The head
- neck
- embankment
- Injuries related to drowning.
Head, neck, and spinal cord injuries can be severe, resulting in paralysis and even death.
These injuries often result from falling or diving into shallow areas of the pool.
Drowning is also a fatal injury.
Although most people associate drowning with death, other serious dangers exist for people with "near-drowning" accidents.
This is an accident where the swimmer begins to drown but regains breathing function.
The most common adverse outcome of near-drowning accidents is brain damage.
A swimming pool accident lawsuit can be filed by anyone injured in a swimming pool, regardless of whether the injury was minor, more serious, or fatal.
Less severe wounds, however, are less likely to be covered by a swimming pool accident lawsuit.
To find out if your swimming pool accident injury qualifies, contact a drowning attorney to discuss the specifics of your case.
Dive into the swimming pool.
Drowning accidents are more common in swimming pools, especially when children are involved.
These accidents usually occur when the pool owner/operator is negligent.
For example, pool owners/operators:
- We need to take proper care of the equipment.
- Not maintaining or installing proper barriers around the pool
- Failing to provide adequate supervision
- Failure to provide a safe environment, e.g
- Allow overcrowding.
- Lack of rules or warning signs.
- Lack of safety equipment.
Drowning accidents are also usually the result of a faulty pool, pool facility, or faulty product.
Specific state and local regulations regarding the design and maintenance of swimming pools and pool facilities are enforced to ensure that they are as safe as possible for swimmers.
Older pools and pool facilities are expected to adhere to these regulations, but sometimes they must.
For example:
An older facility may have a 3-foot barrier around the pool that meets the original height standards for the pool when it was initially built.
However, the most recent local regulations, which take effect after the pool is installed, require a 5-foot setback.
The facility owner/operator keeps the barrier height to reduce costs.
Suppose an accident occurs at the pool, such as drowning. In that case, a drowning attorney can bring a lawsuit to hold the pool owner/operator accountable for failing to meet safety expectations.
Even if the victim is not invited onto the property, trespasses on the facility, and drowns. As a result, a drowning attorney can still argue against the pool owner/operator if their facility Does not follow the rules.
An example of this might look like this:
A local boy walks through his neighbor's closed and open gate and falls into the pond.
The boy, who is not a good swimmer, struggles to escape the pool.
With no one around to watch over him, the boy drowned.
Local regulations require that a gate barrier with a locked entrance surround all pool facilities.
In this case, a drowning attorney may argue that the pool owner/operator is responsible for the incident because he failed to follow the rules regarding keeping the front door locked.
All pools are expected to maintain safe pool facilities that meet standard regulations to ensure the safety of swimmers.
However, regulations for publicly operated pools may differ from those for privately owned pools.
Drowning usually occurs in the following ways:
- Public pool
- Private pool
- Apartment pools
- Hotel pools
- Water parks
However, drowning accidents are not limited to these areas.
Drowning accidents are also often caused by:
- Local lakes
- the river
- Swimming holes
- Coast
Depending on the specific details of an incident, the victim may not be at fault in your accident.
There are complex laws and regulations regarding liability for drowning accidents.
Contact a drowning attorney to discuss your case if you believe that you or a loved one's drowning accident was not the victim's fault.
You may be entitled to compensation for injuries.
Near drownings and other common pool accidents
In addition to drowning, many common pool accidents can be caused by negligence on the part of the pool owner/operator, problems with the installation itself, or a defect in the pool product.
The severity of these accidents can range from mild to very serious and even fatal.
The most common non-drowning pool accident injuries are related to blunt force trauma and near drowning.
Blunt force trauma to the head, neck, and spine
Blunt-force trauma injuries can be severe and even fatal.
These injuries often occur in a high-impact collision when a swimmer strikes their head, neck, or spine against a hard surface, usually the pool deck or bottom of the pool.
Often, when a blunt force trauma pool injury occurs, it is caused by a swimmer diving into a shallow part of the pool.
Diving accidents account for about ten percent of all spinal cord injuries annually.
Blunt-force traumatic injuries also commonly occur due to slipping on a pool deck.
Blunt-force traumatic injuries often require emergency medical attention.
Depending on the severity of the injury, an injured swimmer may require surgery, specialized medical attention, or lifelong medical care.
Blunt force trauma accidents are often the result of:
- Lack of maintenance
- Defective products
- Lack of supervision
- Lack of warning signs on the premises.
Near drowning accidents
Whenever a person begins to drown, that is, their lungs start to fill with water, and the person is at risk of brain damage due to the lack of oxygen flow to the body and brain, even if the drowning is fatal.
Near-drowning occurs when a person's airway is blocked by water, preventing oxygen from entering the body.
After a few minutes, the lack of oxygen in the body starts to damage vital organs like the brain.
Even when drowning is not fatal, the effects on the brain can be severe.
It is not uncommon for near-drowning victims, especially children, to suffer permanent neurological disabilities due to a near-drowning accident.
Accidents involving nearly drowning are frequently caused by insufficient supervision or defective pool equipment.
Accidents related to drainage
Slip and fall injuries are also prevalent in pool accidents.
Injuries caused by slip and fall accidents range from cuts and scrapes to broken bones and more severe injuries such as blunt force trauma.
Slip-and-fall accidents in swimming pools usually occur when the pool deck is wet, when it needs to be properly maintained, or when there is a lack of supervision.
Slip and fall accidents are often the result of a lack of supervision and uncontrolled and dangerous pool installations.
Electric shock
Electrocutions, although less common, still account for one percent of severe injuries from swimming pool accidents.
Electrocutions are almost always the result of lousy pool wiring or uncontrolled and dangerous pool installations.
What are the common causes of swimming pool accidents?
When a swimming pool accident occurs, and the owner/operator of the pool or pool facility is negligent, they may be held liable for injuries resulting from the accident.
When a pool accident results from a defective product, the product's manufacturer, distributor, and seller may be held liable for the injury.
Negligence, negligence per se, and premises liability
Negligence is any act in which a person does not do what an average person would do in the same situation.
A swimming pool owner/operator has a duty of care to:
- It is the duty to provide a safe environment for swimmers.
This standard of care is based on the expected care that an average person would provide in the same situation.
When a pool owner/operator fails to provide this maintenance, he is said to be guilty of negligence.
Negligence monitoring
Negligent supervision is among the most common negligence arguments in swimming pool accident cases.
Negligence supervision mainly applies to publicly operated facilities with staff, such as public swimming pools, club pools, water parks, etc.
When a swimming pool accident occurs, and the pool owner/operator fails to provide adequate supervision for the swimmers, the owner/operator is acting negligently and may be held liable for the injuries resulting from the accident.
The owner/operator may also be held liable if the supervision provided does not meet other expectations, such as supervisor training or pool supervision certification.
Some specific laws and regulations mandate the number of supervisors required in a publicly operated facility and the necessary training for those supervisors.
Negligent supervision may also apply to privately owned pools when the pool owner needs to provide adequate supervision for guest swimmers.
There is an expectation that private pool owners will provide adequate supervision based on the pool owner's duty of care to guest swimmers.
For example:
A private pool owner throws a birthday party and invites over 30 neighborhood kids to swim.
The owner is not trained in first aid, swimming rescue, or lifeguarding but is expected to have adequately trained supervision to reduce the likelihood of an incident.
If the owner chooses to supervise all 30 children themselves, and one is injured, the pool owner can be liable for negligence because they have failed in their duty of care.
Negligence per se
Also known as strict liability, vicarious negligence holds a pool owner/operator who violates any law relating to pool facilities directly liable for any damages to the injured party.
State laws and local regulations require pool owners to minimize any potential pool accidents on their property, whether by guests or uninvited guests.
Failure to comply with these standards may make the property owner liable for any pool accidents due to negligence.
These requirements vary from state to state, so you must familiarize yourself with your state's laws and regulations regarding swimming pools.
In general, there are some standards that almost all states require:
- A tall barrier, such as a fence, surrounds a pond.
- There are no gaps, holes, or damage in the said barrier.
- A door with a lock for the said barrier.
- Pool entry and exit tools such as ladders and ladders.
- It covers the non-residential pool.
- Pool warning labels, such as "No Diving" signs in certain pool areas.
- Functional and safe pool lighting system
- A certain number of lifeguards at public swimming pools
- Pool drain covers and safety systems are in place.
When a pool owner/operator directly violates the rules and regulations of the pool facility, the injured party can claim negligence, which is a strong argument for negligence.
For example:
State law requires that all water parks have at least two trained lifeguards on staff for each pool while it is in operation.
During a hectic day, the water park hires one lifeguard at the least popular pool and a third lifeguard at the most popular pool.
There is an accident at the less popular pool, and a little boy gets a head injury.
Because the water park directly violated state law for having at least two lifeguards on duty, the victim has a strong case of negligence against the water park.
However, not all pool premises liability claims are covered by negligence.
Responsibility for pool facilities
Where a pool owner/operator fails to provide a safe environment but does not directly violate any law or regulation, they may still be held liable under premises liability if the premises are deemed unsafe.
For example:
The pool facility has a diving board at the deep end.
Diving boards have a 200lb weight limit, but no warning sign clearly indicates the 200lb limit for swimmers to see.
A 250-pound man, unaware of the trampoline's weight limit, jumps onto the trampoline, which breaks.
The fiberglass in the dash cuts the man badly.
In this instance, the pool owner and operator may be held accountable for the man's injuries because they failed to offer swimmers safe facilities.
Swimming pool accident lawsuits and product liability
Like negligence, product liability is a strict liability argument.
Under product liability, responsibility rests with the manufacturer, distributor, and seller of a defective product.
In the case of a pool accident lawsuit, these defective products could be a faulty swimming pool or pool equipment.
3 Types of Defects in Swimming Pools
Design flaw
This flaw is in the design of the product itself.
A product failure can be traced back to a design problem, which makes it defective, dangerous, or both.
For example:
An enclosed float tube designed for water parks is designed to support swimmers of all sizes.
However, a design flaw causes it to sink and sink when the water is not entirely calm.
A man nearly drowns while using a tube in a wave pool as the tube fills with water and sinks.
Manufacturing/installation defect.
This fault lies either with the product's manufacturer or the pool equipment, pool installer, or pool equipment.
There is no problem with the product's design, but a manufacturer/installer error causes the malfunction.
For example:
A trampoline is designed to withstand high-impact jumping using Grade A fiberglass.
However, the manufacturer decides to cut costs and use grade G fiberglass.
Since the first trampoline set was sold, many injuries have occurred due to trampolines breaking on impact.
For example:
Trampolines are designed to withstand high-impact jumping using particular hinges that are supposed to be anchored in concrete.
A diving board installer installs a new diving board in a private swimming pool with a wooden deck.
The installer anchors the hinges into the wood.
The pool owner goes to use the board for the first time, the whole board comes loose, and the owner breaks his leg on the wooden deck under the board.
Marketing Malfunction
This fallacy falls on the company or organization that markets the product.
The product itself is not a problem, but it is marketed for purposes other than its intended ones.
For example:
A kiddie pool floatation device is designed to support a child in the water but not to allow the child to float independently.
The manufacturer intended the device to be used with an approved flotation design.
However, the distributor sells the product with a child's image on the device without any other approved flotation device.
The box does not clearly state that the flotation device is not approved and intended to be used with another flotation device.
A mother places her child in a flotation device without an approved device, and the child sustains an injury that nearly drowns him.
What do you do after an accident or drowning incident?
If you have been involved in a swimming pool accident or are drowning in a swimming pool, you should contact a swimming pool accident attorney or drowning attorney immediately.
The laws and rules governing drownings and accidents in swimming pools are incredibly complicated.
An experienced drowning attorney can help you determine who is responsible for your injuries and what compensation you may be entitled to.
Consult a swimming pool accident attorney.
After your swimming pool accident, you should ask a drowning attorney to follow these simple steps:
- Collect as much evidence as possible about the incident.
- Keep all medical or other documentation related to the incident.
- Document the accident and its aftermath and the injuries in your own words using a journal and photographs.
- Call a drowning or swimming pool accident attorney right away.
- Do not formally contact any of the parties involved before seeking legal assistance.
- At TorHoerman Law, our experienced personal injury attorneys and staff can assist you with any potential swimming pool accident claim.
You can contact a drowning lawyer at TorHoerman Law for a free, no-obligation consultation about your swimming pool accident claim.
Frequently Asked Questions
What causes pool accidents?
Slippery surfaces near swimming pools are a leading cause of injury in swimming pool accidents.
Builders are responsible for creating non-slip surfaces, and property owners are responsible for maintaining them.
Failure to provide swimmers with a safe environment can lead to dangerous accidents and injuries.
Who is liable in a pool injury lawsuit?
A swimming pool accident lawsuit can be brought by someone injured in a swimming pool.
Most pool accident lawsuits are filed against pool owners, alleging an injury caused by their negligence.
However, not all claims are filed against homeowners.
Pool manufacturers can be held liable for designing or manufacturing a defective product.
Can someone sue you for drowning in your pool?
Pool owners are subject to a higher level of liability.
When a person drowns in a private or public swimming pool accident, loved ones can sue the owner for negligence.
Additionally, they can file a lawsuit if their loved one did not drown but suffered some other traumatic personal injury.
