The CDC states that drowning is the second leading cause of unintentional injury or death for children ages 5 to 14 years old. When your family faces the unimaginable, you need a skilled pool accident lawyer on your side. But first, you should understand the basics of a pool accident case, including responsibility, damages, and premises liability.
What Turns a Pool Accident Into a Legal Case
Not every swimming pool accident automatically leads to a lawsuit. Negligence must be a component. Someone failed to take safety measures, and that failure caused your injury or a relative’s drowning.
Pool owners and operators have a legal duty of care. Whether the pool sits in a private backyard, at a hotel, or in a theme park, the owner must maintain it to keep it safe. They also must warn of any potential hazards.
Common examples of pool negligence include:
- A lack of fencing or other barriers to prevent unsupervised access
- No lifeguard on duty at a facility that requires one
- Drain covers are defective or missing, potentially trapping swimmers underwater
- Slippery decks with no warning signs or anti-slip surfaces
- Poor water visibility because of improper maintenance
Did any of these conditions contribute to your accident? Our swimming pool negligence attorneys can review the facts. If negligence played a role, you may have a claim.
Who Could Be Held Responsible for a Pool Accident
One of the first things a swimming pool accident lawyer does is identify every party that may share liability. Responsibility doesn’t always fall on just one person or entity.
- Property owners are the most common defendants in pool accident cases.
- Pool management companies may handle maintenance, staffing, and safety protocols for property owners. If they failed in their duties, they may share liability.
- Pool manufacturers and product designers could also be liable if a defective product contributes to an accident. Examples include pool drains or poor safety equipment.
- Government entities may be liable when the accident occurs at a public swimming pool or municipal facility.
Understanding who is responsible requires a thorough investigation of the accident scene, maintenance records, staffing logs, and equipment history. Our team handles that process, so your family can focus on healing.
How Pool Accident Claims Connect to Premises Liability Law
Attorneys often argue swimming pool accident cases under premises liability law. The law holds property owners responsible for unsafe conditions. By understanding how premises liability law works, you can better understand your case.
For a successful premises liability claim, you generally need to show four things.
- The property owner had a duty of care toward you.
- They breached that duty by allowing unsafe property conditions.
- The unsafe conditions caused your injury.
- You suffered real damages as a result.
Your legal status on the property also matters. Courts typically recognize three types of legal presences.
- Invitees, or people invited onto the property for business purposes, like a hotel guest.
- Licensees or social guests.
- Trespassers
Property owners generally owe invitees the highest standard of care. Do you know what else the law requires property owners to do to keep others safe? Learn more about how premises liability claims work.
Defining the Attractive Nuisance Doctrine
Depending on your state, an attractive nuisance doctrine may protect trespassing children. The doctrine holds property owners liable when a potential hazard, like a swimming pool, attracts children unaware of danger. Book a free meeting with one of our swimming pool accident lawyers to learn if this rule applies to your claim.
Damages You May Recover After a Swimming Accident
Any financial compensation depends on the facts of the swimming accident case. Your family suffered, and your legal claim should reflect that. A skilled swimming pool accident lawyer will identify and document every category of loss, including the following:
- Medical bills, including emergency treatment, surgeries, rehabilitation, and any ongoing or future care. This is critical for spinal cord injuries or brain damage from a lack of oxygen.
- Lost income and earning capacity. If the injury has kept you from work or permanently affected your ability to earn, those losses could be included.
- Non-economic damages for pain and suffering, whether short-term or long-term.
Understanding Wrongful Death Damages
A fun day in warm weather should never turn into a tragedy. But if a pool accident results in death, surviving relatives may be able to pursue a wrongful death claim. A pool drowning lawyer could calculate recoverable damages, like medical bills and funeral expenses.
Common Questions About Hiring a Pool Accident Lawyer
What does a swimming pool accident attorney do?
A swimming pool accident lawyer does more than sign paperwork. They investigate the case and collect evidence. Their goal is to build a strong case, so you can focus on your family.
How do I prove negligence in a pool accident case?
You need four things to prove negligence. The property owner had a duty of care, which they failed to meet. Their failure caused the accident, and you suffered real damages. Evidence like maintenance records, surveillance footage, and witness statements can all support your claim.
Can I file a lawsuit if my child was injured in a neighbor’s swimming pool?
Potentially. Homeowners are legally obligated to secure their pools to prevent potential harm. If your child was hurt by a lack of fencing or poor safety equipment, you may have a premises liability claim.
What is the attractive nuisance doctrine?
The attractive nuisance doctrine varies by state. It holds property owners liable when a potential hazard attracts children, unable to understand any danger. The doctrine could apply when a child is trespassing. Potential hazards include unfenced swimming pools, unlocked equipment, or construction sites.
How much does it cost to hire a swimming pool accident lawyer?
Most swimming pool accident lawyers, including our firm, work on a contingency fee basis. That means you pay nothing up front. We only collect attorney fees if you win a settlement or verdict. Learn more about what it may mean to hire a personal injury lawyer.
Trust Our Pool Accident Lawyers With Your Family’s Case
Our law firm has spent more than 20 years fighting for families like yours. We have the resources to take on property owners, insurance companies, and corporate America. If you, or someone you love, has been injured in a swimming pool accident, you deserve justice.
Schedule a free consultation today.
