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Swimming Pool Injuries: Who Is Liable?

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A woman dives into a swimming pool.Sadly nearly 50,000 U.S. citizens go to the emergency room annually with swimming pool-related injuries, which may include drownings, disembowelment, brain injuries, broken bones, and more. In many cases, a pool owner may be held liable for injuries sustained in or around a swimming pool. While swimming pools are a key source of relaxation, exercise, and fun for many, it is essential to keep in mind that they can also be incredibly dangerous, even with a lifeguard present. In fact, 19% of drownings involving a child occurred with a lifeguard present.

If you or a loved one have been injured in a swimming pool accident, contact the experienced attorneys at the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.

Common Swimming Pool Injuries

Every year, hospitals treat many kinds of injuries due to a swimming pool incident. Unfortunately, swimming pools may lead to many different types of injuries, some which may be permanent, life-threatening, or fatal. Below are some of the most commonly sustained swimming pool injuries:

Traumatic Brain Injuries (TBI)

Traumatic brain injuries may occur when a swimmer slips and falls, hits their head on a diving board, or dives into a pool and hits their head.

Disembowelment and Evisceration

Sadly, this type of injury occurs most frequently to children. When a child sits on or near a drain portal, the change in pressure may lead to significant internal injuries and a ruptured rectum.

Spinal Injuries and Skull Fractures

When a diver dives into a pool and hits their head on either the side or bottom of the pool, it may lead to skull fractures or a spinal injury. This may also occur if a diver hits their head, neck, or back on the diving board—accidents caused by diving lead to around 800 spinal injuries annually.

Slip and Falls

Wet areas around a pool may easily lead to a slip and fall. Slips and falls can lead to broken bones, neck and back injuries, and more.

Electrocution

When pools are improperly wired or have other electrical issues, it may result in electrocution or death.

Chemical Injuries

Pool chemicals cause thousands of injuries annually due to improper use of cleaning chemicals leading to burn injuries. Additionally, chlorine may lead to nervous system diseases, respiratory deaths, and heart defects.

Drowning

According to statistics presented by the CDC, around eleven people die each day from accidental drowning, and approximately 20% of fatal drownings are children.

Steps To Take After a Pool Accident

Many individuals love to relax and swim in pools, especially in the summertime or while on vacation. Generally, the last thing they’d expect while having fun and relaxing is an accident. However, accidents do happen, and it’s important to preserve the integrity of your claim when possible to ensure that you receive just compensation for any injuries sustained due to another party’s negligence. Below are some steps to take in the aftermath of a pool injury:

  • Request medical care, even if there is no apparent injury. Seeking a medical evaluation will ensure that your health is protected and that any injuries that are not immediately apparent are addressed.
  • Report the accident to pool staff or the pool owner. If at a public pool or hotel, take note of who takes the report and obtain a copy of any written incident report.
  • Gather the contact information of any eyewitnesses. Try to collect their name, address, and telephone number.
  • When possible, take pictures and/or video footage of the accident scene, including any hazardous conditions.
  • Do not post photos or comments about the accident on social media until you have spoken with an attorney.
  • At the accident scene, look around to see if you spot any video cameras in the area that may have recorded the accident.
  • Ensure that you keep records of all medical expenses and financial losses.
  • Consult your attorney before accepting any settlement offer or signing any releases.

Liability and Pool Injuries

When a person is injured from a swimming pool accident, premises liability laws apply, whether the pool is public or private. However, whether a person was trespassing, an invitee, or a licensee will make a difference in the duty of care the property owner had to keep the injured party safe. Unless the injured party is a child whose injuries fall under the attractive nuisance doctrine, trespassers will typically be unable to hold a homeowner liable for their injuries. Pool owners are responsible for maintaining and repairing a pool so as not to cause injuries to pool occupants. Property owners also may be required to provide emergency safety equipment to invitees. Invitees in the realm of pools refer to the patrons of a public pool, whether it’s free of charge or a fee involved. Pool owners have a duty to maintain and repair a public pool for invitees so that invitees are not injured. Property owners are also responsible for warning licensees of dangers that may not be apparent to the average person or of unique risks associated with their pool. For example, if a pool is too shallow for diving, it is up to the pool owner to clarify that information.

Public Pool

When it comes to public pools and liability for an accident, claims can become quite complex, as often a government agency, such as the city or the municipality, is partially responsible. Claims against a government agency come with certain rules and deadlines. Failing to follow these rules can result in being barred from moving forward with the claim. It is best to discuss the specifics of your case with an experienced attorney to discuss your legal options. Public pools and swimming areas often have lifeguards present to help ensure the safety of swimmers. A failure to do so may result in liability.

Private Pool

Property owners who have a pool are required to ensure their pool is safe by installing fences around their pool and ensuring that the pool is functioning properly. Private pool owners will likely have an insurance policy that may cover a pool accident injury. However, insurance companies may offer a settlement that is far below what a claim is worth. Speak with your attorney to review any offers to ensure that it is a fair settlement.

Pools and the Attractive Nuisance Doctrine

Landowners might be liable for injuries to children who trespass on their land if the injury was caused by a hazardous object, such as a pool. This is known as the attractive nuisance doctrine.

Swimming Pool Injury Attorney

Determining liability when it comes to swimming pool injuries can be complex. If you or a loved one have been injured while at a pool and experienced personal injury attorney can help you determine who is liable and help you discuss your legal options for moving forward. At the CEO Lawyer Personal Injury Law Firm, we understand the devastating effect serious injuries may have on your life and are here to advocate for you and your right to compensation if your injuries were sustained due to a property owner’s negligence. Contact the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online. If we take your case, you won’t pay anything until we win.

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Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

Contact us now (833) 254-2923.

Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.