Accidents in Pools

cartwrightlaw - November 28, 2023 -

Nothing beats the soothing and relaxing feeling of getting into the pool. Whether it’s cooling off the effects of summer heat or refreshing your body after a long day, it is a lovely feeling. Unfortunately, moments of fun in the pool can quickly turn into a tragedy.

According to Stop Drowning Now, an average of 3,500 to 4,000 people drown every year in the United States. At least 10 people drown each day due to various reasons, including inability to swim, lack of close supervision, falls, and failure to wear life jackets.

Swimming pool accidents may also occur due to property owner’s failure to adhere to safety measures as required by law. Unfortunately, families of victims who suffer fatal injuries endure the unexpected loss of a loved one.

If your loved one accidentally drowned in a pool, consider speaking to a wrongful death attorney about your legal options.

Common Causes of Swimming Pool Accidents

Intoxication

It is ill-advised to take alcohol and then head for a swimming session. Similarly, taking alcohol near a swimming pool can cause severe injury.

There are cases where people have lost balance and drowned in shallow water after consuming alcohol. An intoxicated person may also gather false bravery to dive into shallow water, a risk they cannot take when sober.

Generally, alcohol and drugs impair one’s judgment and coordination, increasing the likelihood of slipping and falling into a pool or sustaining an injury in the pool deck.

It is best to avoid alcohol use and swimming altogether, which is why most public swimming pools apply a strict ‘’no alcohol’’ policy.

Slip and Fall Accidents

Slips and falls are common causes of accidents near swimming pools. A slip or fall accident may occur for various reasons, including:

Wet surfaces
Inadequate signage
Lack of proper maintenance

Slip and fall accidents can cause injuries ranging from minor cuts, bruises, traumatic brain injuries, and broken bones. There’s also an additional hazard of drowning when a person slips and falls into the swimming pool.

Whether the accident occurred due to the pool owner’s negligence or faulty design, you deserve compensation and should seek help from a skilled swimming pool accident attorney.

Poor Pool Design

Pool design plays an essential role in the safety of individuals. All pool features should promote safe use for different users, whether young, old, men, or women.

Here are a few instances where poor pool design contributes to accidents:

Faulty Ladders: Improperly maintained or low-quality ladders have many issues, including loose steps, rusty handles, and lack of non-slip pads, which increase the risk of accidents. An imperfection like a non-slip pad can cause a loss of grip or balance, resulting in a fall that can create serious consequences.

Lack of Non-Slip Floor: Some pools lack a non-slip floor, a vital feature for preventing accidents. Pool owners can enhance grip by installing non-slip surfaces, reducing the likelihood of accidents.

Inadequate Lighting

Proper lighting around the swimming pool illuminates potential hazards and helps users to navigate safely. However, a pool owner who fails to provide adequate lighting creates conditions for an accident.

Similarly, glare from properly placed lighting features can contribute to accidents. Poor visibility is a concern for swimmers or visitors in the evening. Inadequate lighting makes it difficult for users to identify wet and slippery services, exposing them to accidents.

Lack of Supervision

Swimming pools are potentially dangerous if there’s inadequate supervision on the premises. Failure to provide proper control puts all patrons at risk of sustaining a severe injury or drowning.

Most parents rely on lifeguards and other supervisors to keep them and their children safe while swimming. Unfortunately, they sometimes fail to uphold their duty. Distraction is one of the leading causes of negligence supervision.

Instead of watching the swimmers, lifeguards lose concentration while talking to friends or looking at their cell phones. A property owner can be liable if an accident occurred because the lifeguard was distracted.

Failure to Use Safety Equipment

Consider using safety gear and equipment whenever you’re in a swimming pool. Individuals who cannot swim independently can enhance their safety by using floatation devices such as a lifejacket anytime they’re in the swimming pool.

Most accidents happen when learners overreach their abilities by exploring the deep end without floatation devices. Ultimately, using floatation devices can save lives and prevent accidents.

Who Is Responsible for a Swimming Pool Accident?

Premises liability requires property owners to ensure the safety of their guests. Mainly, premises liability requires a property owner to exercise ‘’ordinary care’’ for any guests on their property.

The premises liability rule extends to public and private pools. In line with the law, property owners should observe and maintain specific safety standards. However, if they fail to maintain the expected standard and someone dies or becomes injured, they may be liable for those injuries.

For instance, the owner must maintain the pool clean, ensure the fencing meets a specific standard, and that the pool deck is free of hazards.

However, just because the pool owner has failed to meet safety standards does not entitle you to compensation. If you accessed the pool through trespass, you may not be entitled to compensation.

The only duty of care that property owners have to trespassers is not purposely injuring them— the law does not allow property owners to set a trap for trespassers. However, they have to warn known trespassers of hidden hazards.

For instance, they should warn a trespasser about a broken diving board. Most importantly, trespassing rules do not apply to children because swimming pools are known as attractive nuisances.

A manufacturer or seller of defective swimming pool equipment may face the law if the faulty product causes an accident or death.

Speak to an Experienced Wrongful Death Attorney

If a loved one suffers a fatal injury, you may encounter a difficult moment trying to come to terms with the loss. As a family member of the deceased, you’ll need support to cope with loss of companionship, emotional distress, and pain and suffering.

To that end, you deserve representation from an experienced attorney like Cartwright Law Firm to maximize your chances of fair compensation.