Swimming Accident Information

A guide to Swimming Pool Accidents and Injuries, including the causes of Swimming Pool Accidents, a guide for determining fault, information on Product Liability Law as it pertains to Swimming Pool Accidents and Injuries, and the statute of limitations.

Understanding Pool Injuries · Causes of Swimming Pool Accidents · Determining Liability · Product Liability Law · Statute of Limitations

Understanding Pool Injuries

The U.S. Consumer Product Safety Commission (CPSC) estimates that approximately 500 children under five years of age are the victims of swimming pool drownings every year. Swimming pool drownings are the second leading cause of death in the United States for that age group, after auto accidents. Another 3,000 children are treated in hospital emergency rooms each year for injuries associated with swimming pool accidents and near-drownings. Swimming pool accidents can occur in public swimming pools, hotel pools, hot tubs, whirlpools, and residential swimming pools. In addition to drownings, swimming pool accidents may include slips and falls on pool decks, injuries from pool chemicals, diving board accidents, and electrocutions. Spinal cord injury, brain injury, and paraplegia are some of the serious injuries that may be suffered by swimming pool accident victims. Swimming pool operators and owners have a duty of care towards those that use their facilities. Swimming pool accidents that result from a failure to mark shallow water, properly place and install diving boards, secure the premises after hours, or place a lifeguard on duty can be grounds for legal action. A swimming pool accident lawyer can work to ensure that accident victims receive the compensation they need and deserve.

Causes of Swimming Pool Accidents

When swimming pool safety measures are neglected, a swimming pool accident is often the result. In other cases, accidents are caused by defective swimming pool products. Below is a list of some specific causes of swimming pool accidents:

Lack of supervision of children Failure to cover pools, hot tubs, and whirlpools Inadequate fencing or barriers around a pool Broken or inadequate gate lock Inadequate warning signs Water too shallow No lifeguards or improperly trained lifeguards Electrocutions Drain accidents and poorly enclosed pool drains Cuts and bruises from falls and contact with fixtures such as water slides, fountains, and novelty features E-coli contagion, caustic burns caused by pool chemicals, or other problems due to improper chemical levels in the water Too many people or children in the pool Slippery swimming pool deck or broken tiles Excessive alcohol on the premises Diving board malfunctions Cloudy pool water that obscures the lifeguards' view Defective pool pumps and filters that cause explosions Broken or defective pool ladders Lack of proper safety devices, such as life preservers

Determining Liability

Determining liability for a swimming pool accident is a difficult task that requires knowledge of complex legal and safety issues. For this reason, it is essential to consult a lawyer as soon as possible after a swimming pool accident. The question of liability in a swimming pool accident case depends in part on whether the injured person was a guest at the pool, was there for a business reason, or was trespassing. Depending on the nature of the accident, there are three legal theories that could be involved: premises liability, negligence, and products liability.

Premises liability laws state says that a property owner is liable for injuries that occur as a result of a dangerous or hazardous condition on the property that the owner knew about or should have known about. In the case of a swimming pool accident, the property owner has a responsibility to take reasonable precautions to ensure that his or her swimming pool is safe for users, or anyone else on the property. This includes maintaining adequate fencing, posting appropriate warning signs, ensuring proper supervision of swimmers, and properly maintaing pool and safety equipment.

Under the negligence basis for a swimming pool accident claim, a person is liable if they were negligent in causing the accident. For example, if pool equipment was improperly installed and it caused a swimming pool accident, there might be a cause of action in negligence against the installers.

Under the products liability basis for a swimming pool accident claim, a manufacturer or seller of a defective swimming pool or related equipment is held liable for placing that defective product in the hands of a consumer. For example, if a defective pool drain grate caused an accident, the accident victim may have a products libility claim.

Product Liability Law

Products liability laws hold that, in the case of a swimming pool accident, a manufacturer or seller of a defective swimming pool or related equipment can be held liable. When a defective swimming pool or equipment is the cause of a swimming pool drowning, there are several potentially responsible parties:

the pool manufacturer or the manufacturer of a component part of the pool the wholesaler the retail store that sold the pool to the customer the person who assembled or installed the pool

In a products liability action, it must be shown that the pool or related equipment was defective and that the defect made the product unreasonably dangerous for its intended use. There are three types of product defects:

design defects that are present in the design of the product before it is made manufacturing defects that occur in the manufacturing process marketing defects, such as inadequate safety warnings

Sometimes the design of the entire pool itself may be faulty. For example, a dangerous condition might exist where the shallow and deep areas are not clearly marked on the pool or if it is difficult to see where the pool is deep enough for diving. Products used in or around the pool can also be defective and cause a swimming pool drowning or serious injury. If defective pool related equipment contributed to a swimming pool drowning or accident (i.e., a faulty diving board or a defective drain grate), make sure that the defective products are not disposed of and are kept in a secure place so that they can be used as evidence.

Statute of Limitations

The laws for each state put a time limit on when you can file a swimming pool accident claim, known as the statute of limitations. If you don't file a claim before your state’s deadline, you will lose your right to sue and recover money damages for your swimming pool accident injuries and any future complications arising from your injury. These statutes not only vary by state, but they also vary by cause of action. The statute of limitations in a lawsuit involving a government agency, such as when an accident takes place in a public swimming pool, is only six months. To ensure that you do not exceed the statute of limitations, it is important to contact a knowledgeable swimming pool attorney as soon as possible after the accident.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags: Legal Help · Recreational Accidents · Swimming Pool Accidents