HOA Pool Accident Lawyers
Call (800) 863-5312 to Speak with hoa pool accident attorneys
Many people love spending time at their local or community pool during hot, summer days. However, each year, thousands of people nationwide suffer injuries or accidents in pools. Drownings or near-drownings can be devastating and can destroy the lives of families, causing emotional trauma and financial strain.
The Centers for Disease Control and Prevention (CDC) ranks drowning as the fifth leading cause of unintentional injury death in the United States and the number one accidental cause of death for children between the ages of one and four. A pool accident lawyer can help if you have been injured at your homeowner’s association (HOA) pool.
If you or a loved one has been injured in pool accident, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation. With law offices located in many states nationwide, we can find a personal injury lawyer near you.
do i need a personal injury attorney?
Many pool injuries occur within gated communities or condominium complexes where an HOA is present. When an accident happens on a property where there is an HOA, the homeowner’s association is usually responsible; HOA’s have a duty to oversee and maintain the safety of their community, including any community pools. You may want a personal injury attorney if you have been injured as a result of the HOA’s negligence or due to premises liability.
Swimming pools can be a huge liability to HOA’s because of the requirement to maintain the premises. HOA’s may be responsible for injuries such as slip and falls, concussions, broken bones, water inhalation, traumatic brain injuries, and drownings. You may have a personal injury claim if one or more of the scenarios below occur.
Generally, you will have a strong basis for a personal injury case if you were injured due to the negligence of another; negligence is a legal theory that means someone failed to act as a reasonable person under the circumstances and caused you injury. You will need to prove all four elements of negligence in order to be successful in your claim for damages. The four main elements are:
- 1. There is a duty owed to you by another person.
- 2. That duty was breached.
- 3. The breach caused your injuries.
- 4. You suffered damages.
For example, an HOA likely has a duty to maintain the pool in a way that ensures the safety of all guests. If the HOA fails to make repairs, fails to hire appropriate staff such as lifeguards, or fails to post clear signs warning of dangers such as pool depths or that no lifeguards are on duty, there is likely a breach of a duty.
Alternatively, you may be able to pursue a personal injury claim against the HOA based on a premises liability theory. Premises liability laws protect victims who are injured on the property of another. Property owners, managers, or business operators who are in possession of a property have a legal duty to maintain the safety of the property.
Property owners may be liable for unsafe conditions that are nonobvious and are not warned against. They also have a duty to reasonably inspect the property for safety if guests are invited onto the property, such as a community pool. An HOA pool should be maintained and regularly inspected to ensure that guests enjoying the pool are safe from harm.
Attractive nuisance applies when a child is lured onto the property by an “attractive nuisance,” but is not explicitly invited onto the property. An attractive nuisance can be anything that entices a child onto a property; swimming pools are a common attractive nuisance for children because they are fun to play in. Swimming pools are a dangerous attractive nuisance because a child usually does not have the ability to appreciate the dangers associated with water.
HOA’s should be aware of this danger and anticipate children trying to enter the pool when they are not allowed so that they can take steps to prevent it. For instance, HOA pool owners should ensure that a fence surrounds the entirety of the pool with a self-locking or self-closing gate; the fence should have vertical bars to make climbing over them more difficult, and pool furniture should be put away and moved away from the pool fence to prevent the possibility of children climbing over it.
Pool toys should be put away as these toys could attract children to the water. HOA pools should have rules posted such as “NO running and NO horseplay,” and these rules should be strictly enforced. Operation hours should be posted and the HOA should strictly enforce them to prevent children from swimming in the pool at late hours when there may not be anyone supervising. The HOA in your community is responsible for making sure these safety procedures are followed to prevent any accidents happening with children.
how are hoa’s responsible for pool accidents?
Having a pool on the property typically increases the value of the community and attracts new residents; by choosing to install a pool, HOA’s make themselves legally liable and financially responsible for the safety and maintenance of the pool. If an HOA neglects pool safety, it is the residents who suffer through their injuries and the loss of loved ones to drowning accidents. Homeowners’ associations are typically responsible for the following safety features:
- Ensuring the pool is up to date on local safety codes
- Fixing unlevel concrete
- Maintaining fencing around the pool with a locking gate
- Maintaining the proper chemical levels and cleaning procedures
- Posting pool rules
- Posting safety requirements
- Setting and enforcing the hours of operation
what to do after an hoa pool accident
If you or a loved one has suffered an accident at an HOA-owned pool, the homeowner’s association might immediately offer you a financial settlement. It is in your best interest to not accept the first settlement offer and to contact one of our HOA pool accident attorneys instead; this is because the first settlement amount is likely a lower amount than what you deserve. The HOA or their insurance agency has a goal to pay out as little as possible in a settlement agreement.
Consider the following steps to take after a swimming pool accident at an HOA-owned pool:
- Seek medical treatment immediately.
- Report the accident to the HOA.
- Document the scene of the accident.
- Do not admit fault and do not speak to anyone about the accident.
- Call an experienced personal injury lawyer.
If you notice someone drowning or struggling to stay above water, try to calm them down and talk to the victim as you call for help or approach them in the water. The HOA should have signs posted for basic CPR instructions or phone numbers for emergency officials.
common pool injuries
Pool-related injuries can be devastating because of the risk of drowning. While drowning injuries are the most dangerous type of injury, there are other injuries that the HOA could be responsible for. These injuries may include:
- Concussions or spinal injuries from diving or falling into shallow pools
- Drain suction injuries such as being pulled down and trapped
- Lacerations from sharp pool edges or uneven concrete
- Skin or eye irritation from pool chemicals
- Slip and fall injuries
- Wrongful death due to drowning
Even if a person does not drown, near-drownings can cause serious harm. Near-drownings can cause permanent brain damage that could result in long-term disabilities. Being without oxygen for as little as four minutes can cause irreversible brain damage.
Adults and children are both at risk of drowning if they do not have adequate swimming skills; consider swimming lessons to help build confidence and skill in the water and make use of pool flotation devices or life jackets if an individual is not comfortable swimming unassisted. Even when they know how to swim, children should always be supervised when they are around a pool. Adults should consider learning CPR in case of emergency.
The signs of drowning may be different than what you expect. Often times, people appear to be calm and quiet rather than splashing or yelling when they are drowning. Be aware of these common signs of drowning and be prepared to act quickly:
- Head tilted back with mouth wide open
- Head low in the water with mouth at water level
- Eyes glassy or eyes closed
- Hyperventilating or gasping for air
- Not using legs to swim
- Trying to swim but not making progress
Get Help from hoa pool accident lawyers
At Zinda Law Group, our personal injury lawyers are experienced and have handled many cases nationwide involving victims of HOA pool accidents. We have HOA pool accident lawyers ready to assist you. We have the knowledge and resources necessary to help you determine what to do next and to help recover the best possible outcome for your case.