Pool Accidents and Related Lawsuits

Posted on January 26, 2012 by Fast Lawsuit Team

Swimming pools promise hours of water fun. It’s just hard to say no to the prospect of getting some sun, floating on the water or doing some laps. It’s also a pleasure to see kids having the time of their life splashing each other and horsing around in the water.

However, there is another side to this wonderful picture. Pools can also be a source of tragedy. Every year, people die from accidental drowning in swimming pools. Most of the victims are children. Data from the 2010 Pool and Spa Submersion Report of the Consumer Product Safety Commission show that:

-          Most of the reported water submersion fatalities occurred in pools

-          Close to 80% of reported fatalities were children under five

-          More than 80% of the fatalities happened in residences

As for cases of non-fatal water submersions, most also happened in pools. Approximately two-thirds of those injured were boys. Non-fatal drowning (especially as a result of staying too long submerged in the water) may result in learning disabilities, permanent loss of basic functions and other long-term disabilities.

The Centers for Disease Control and Prevention pointed that provisions for pool safety, including barriers and pool fencing, as well as capable supervision, can help to considerably lessen the possibility of drowning, or at the very least, prevent it from being fatal. The sad thing is that not all pool owners are as careful in ensuring that their pool is safe and this negligence results in pool accidents.

Aside from the lack of safety barriers, pool accidents can also be caused by lack of warning signs (i.e. depth of the water), slippery decks, poor pool design, the presence of diving boards or slides, faulty pool ladders or stairs and defective pool filters. Pool drains can also be dangerous. A 6-year girl sat on the pool drain filter. A portion of her intestines where sucked out by the drain, leading to her eventual death. Pool covers also pose a hazard as children can go under the pool cover and not be found until it’s too late. Children may also attempt to walk across the pool and go under.

Liability for Swimming Pool accidents

Swimming pool accidents fall under premises liability. Under this principle, the one who owns or maintains the property (such as a renter or a property manager) is liable for any personal injuries incurred while in the property, which includes the pool. Aside from this, swimming pool accidents may also fall under product liability, if the accident was caused by a defect in the pool and related pool equipment’s design or manufacturing.

Whether the accident occurred in public or private premises, asking the following questions will be helpful in building your case:

-          Was the pool properly and regularly maintained?

-          Does the private pool have a security fence that could not be easily breached by children? Is there anything that could be used to enable someone to climb over the fence? Is there a warning against trespassers? For above ground pools, are the ladders and steps going up to the pool removed or secured? Are there pool alarms installed?

-          Is there anything in the pool or the pool’s surroundings may pose as a hazard?

-          Are there lifeguards in the public pool? Are these lifeguards properly trained in first aid? Is there enough staff to manage the crowd?

-          Is the pool equipped with lifesaving devices and are these placed for easy access near the pool? This includes life buoys, poles and ropes.

-          Are there markings that indicate the depth of the pool?

-          Was the accident a result of the use of alcohol?

-          Is the water clear so that you can see to the bottom of the pool?

Families of those who died from a pool accident can file for claims which include:

-          Loss of consortium or the loss of enjoyment derived from the victim’s presence (i.e. the victim’s love and affection)

-          Potential loss of wages, computed based on the length of the victim’s remaining working life

-          Medical expenses for treatment provided

-          Pain and suffering sustained by the victim prior to his/her death

-          Expenses related to the burial and the funeral

-          Loss of the potential value of household services provided by the victim

Lawsuits for Swimming Pool Accidents

As a victim of a swimming pool accident or as the family of a person who died in a swimming pool accident, you can file a lawsuit to claim for compensation. Depending on the circumstances and cause of the accident, you can either file a lawsuit against the owner of the swimming pool or against the manufacturer of the defective equipment that caused the accident.

These lawsuits can be mentally and financially draining. The case may drag on before it comes to a settlement and during that time, you may already be in an unstable financial situation. There may be medical bills that need to be settled, as well as court costs to be covered. You can ease your financial worries by applying for a lawsuit cash advance from FastLawsuitMoney.com.

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