Who Is Held Liable When a Swimming Pool Injury Occurs?

Who Is Held Liable When a Swimming Pool Injury Occurs

A really hot summer day calls for a dip in the pool! You can’t beat a nice swim to cool off and enjoy the summer weather. Unfortunately, along with these fun and relaxing days comes the risk of a swimming pool injury. Let’s talk about some of the risks associated with a swimming pool as well as who would be held liable for injuries that may occur. This is some information you should know!

Swimming Pool Risks

Swimming pools offer a lot of fun in the summer, but they also come with some warning signs. A few of the most common swimming pool accidents include:

1. Drownings – Did you know that drownings are the number one cause of death in children? That statistic alone should get your attention! We obviously have a severe problem on our hands. While it is certainly easy to lose track of little ones as you enjoy the company of friends and family, you must prioritize watching them when open water is present.

Even when you don’t think your kids (especially toddlers) are going to be around open water, make sure you know the surroundings they will be in. There are times during the day when your toddler will wander off. It’s normal. But making sure they are unable to wander to a swimming pool or even a filled bathtub could save their life.

There are things you can do to keep kids and others safe if you have a pool. Keeping your pool secured with a cover that requires a key to open is a great safety feature. Also, fencing your swimming pool to prevent kids (yours, the neighbors, and other visitors) from being able to get too close is a great idea. A fence securing a pool should be at least 4 feet high and not be able to fit a small child between the slats or underneath it. The gate that gives you access should be self-closing as well to ensure it isn’t accidentally left open. Keeping fun toys or other things out of the pool area can also make it less appealing for kids to try to access.

Even small containers of water should be emptied right away—items such as a cooler, kid swimming pools, buckets, and more. Go as far as installing special latches and locks on bathroom doors and toilets so kids can’t get into bathrooms or toilets.

Always have your kids and adults wear or hold a flotation device if they are unable to swim on their own. Remember, it’s not just kids that can drown, adults drown all too often as well.

2. Slip and Falls – Slip and fall accidents can happen quickly as kids run around the pool or as adults stroll by the pool area. Standing water can be slippery on certain surfaces.

 Taking a tumble on the diving board is a dangerous situation as well. Many people run down a diving board or try to do a fancy trick and slip and fall, hitting the diving board itself, the surrounding pool cement, or other surfaces.

A swimming pool injury from a slip and fall can result in broken bones and even horrible injuries like spinal cord damage, neck injuries, and traumatic brain injuries.

We often think about slip and falls as something small, but there can obviously be life altering injuries that occur.

Keep your pool area well-maintained. If there are areas that could lead to someone tripping or slipping, fix them immediately. Be sure that the surface around your pool and on top of your diving board is not slippery or has some texture/grip as much as you can.

3. Electrocution – Though so many preventative measures have been put into place to keep us safe while swimming, when there is power and water involved in such close proximity, there is always a chance for electrocution to occur. If an electrical current is present when someone touches or jumps into the pool, the electrocution could cause immediate death or cause paralysis, making the person unable to swim and resulting in drowning.

As a pool owner, you are responsible for ensuring all pool equipment is in working order and that no faulty wiring exists. If there is, you could face some hefty lawsuits, especially if a fatality occurs.

Who Is Liable for a Swimming Pool Injury?

You may not know this but if you own a swimming pool, you can be held liable for swimming pool accidents even if you weren’t home when someone trespassed into your yard and pool area. Depending on where you live, there are specific laws and rules you must abide by if you own a pool. If you don’t and someone gets hurt, you could be found negligent.

In order for someone to prove that you, as a pool owner, is negligent and liable for injuries, they would have to prove the following:

  • A duty of reasonable care was owed to them
  • That duty of care was violated by the carelessness of the pool owner
  • An injury occurred because of this carelessness or negligence
  • Damages were endured from the injuries

You must protect yourself as a pool owner. Only allow others to use your pool when you are present. Keep your pool covered and fenced so that it is always secure. Also, keep your pool well-maintained and up-to-date to avoid any problems.

Involved in a Swimming Pool Injury?

If you suffer a swimming pool injury or are a swimming pool owner that had an injury occur at their pool, you need to act fast and call Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. for legal representation.

Attempting to represent yourself in a case as serious as a swimming pool injury could jeopardize your compensation or risk losing a lawsuit altogether, costing you thousands of dollars. Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. will help support you and your family during this very high-stress and emotional time. Call our team today at (504) 522-2304.