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 (470) 323-8779 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 (470) 323-8779 or contacting us online. If we take your case, you won’t pay anything until we win.
