Pool Drain Cover Accident Lawyers
CALL (800) 863-5312 to speak with A POOL DRAIN COVER ACCIDENT ATTORNEY for free
Pools and spas are common destinations for brief retreats or short getaways for Americans nationwide. Still, pools and spas can be dangerous for swimmers, especially if the pool is not regularly maintained and supervised.
In fact, swimming pools and spas present many risks to swimmers. Pool drains, in particular, are especially dangerous, as they cause many pool-goers to sustain injuries every year. Most people would never think that such an inconspicuous object as a pool drain could cause so much trouble, yet it remains a sad fact that poorly maintained pool drains have caused many swimmer entrapments, eviscerations, and even deaths.
If you or a loved one was injured in a pool drain cover accident, call Zinda Law Group at (800) 863-5312 for a free case evaluation with one of our pool injury lawyers. We may be able to help you start building your case right away.
THE RISKS OF POOL DRAINS
A pool drain is an essential part of a pool’s filtration system. Most swimming pools and spas use suction-based drains to filter out unwanted debris, like dirt and oil; drains help keep pools clean and eliminate dangerous bacteria that may be lurking within. Unfortunately, like many other tools, pool drains can seriously harm swimmers if they are not properly used and maintained.
Although a pool drain is an essential part of a pool’s filtration system, it can present many risks to pool-goers; this is because many pool drains rely on suction to filter things out of the water. This feature can put swimmers at risk for entrapment, which can lead to drowning if the pull is strong enough. If a small, light person or child gets too close to a pool drain, they can become trapped underwater, which can lead to a host of injuries.
Although experts claim that cases of suction entrapment are rare, nearly 85% of accidents that do happen result in serious injuries. In response to the growing threat of pool drains, the United States signed into law the Virginia Graeme Baker Pool and Safety Act in 2007. The Act, named after a victim of suction entrapment, imposes extensive safety requirements on pool and spa drainage systems.
The Act requires that all pools and spas be fitted with anti-entrapment drain covers. Unlike older versions, anti-entrapment drain covers make it much more difficult to become trapped under the water, even if a small child were to directly touch it. If your pool, whether privately or publicly owned, is not in compliance with the Act, you can be held liable for any resulting injuries.
If you or your loved one was injured by a faulty pool drain, you should contact a personal injury attorney to discuss your options for redress. An attorney may be able to help you determine the cause of your injuries and seek compensation accordingly.
WHAT SHOULD I DO AFTER A SWIMMING POOL DRAIN ACCIDENT?
Pool drain injuries can be frustrating and embarrassing for victims, and litigating an accident claim can consume significant amounts of time and energy. Due to the seriousness of some injuries, victims should know what to do after an accident so that they can recover as quickly as possible. When filing a claim in court, victims bear the burden of proving their assertions with documentation and testimony; gathering this evidence can be difficult, especially if you do not know what documentation you need to preserve beforehand.
Luckily, there are some proactive steps that victims can take to prove their pool drain accident claim to the court. These steps include, but are not limited to, the following:
1. Seek Medical Treatment
Victims should seek medical attention immediately after an accident, especially if there are serious injuries; while it may be tempting to brush off any resulting injuries, ignoring the cause of them can lead to more in the future. Consult with a medical professional as soon as possible to evaluate your general well-being and preserve any potential evidence. During your medical visit, your doctor will likely draft a report of your injuries, which may be helpful in proving your injuries to the court.
2. Avoid the Area
After a water-related accident, it is imperative that victims and family members avoid engaging with the scene of the accident until a safety expert has determined the cause of the incident.
3. Take Pictures
If possible, you should take pictures of any important evidence, including pictures of your injuries, the scene of the accident, and the faulty pool drain. A judge will likely appreciate any visual proof that you can provide when presenting your case.
4. Collect Witness Statements and Information
After an accident, it is imperative that you collect witness testimony and information as soon as possible. Witness memories can deteriorate over time. Keeping a detailed record of what witnesses saw and heard can help you jog their memories later on in the litigation process.
5. Record Expenses
You should keep a detailed list of any expenses related to the accident. Expenses can include medical bills, repair orders, or lost wages.
6. Speak with an Attorney
Pool drain accident cases may require extensive legal analysis. These cases are often complex. If you have been injured in an accident, it will be beneficial to speak with an attorney who may be able to help you collect evidence and prove your claim in court.
While the aforementioned list of steps is not exhaustive, it is a good starting place for injured plaintiffs. After an accident, it can be difficult for victims and loved ones to begin the healing process. Although seeking compensation from the responsible party may not eliminate all of the effects of your accident, it may grant you some reprieve from the financial burdens of your injuries.
If you or a loved one was involved in a pool drain accident, you should contact a pool drain cover accident lawyer for help. A personal injury lawyer may be able to help you recover from your accident and seek compensation for your injuries.
DO I HAVE A CLAIM FOR MY POOL DRAIN ACCIDENT?
A victim of a pool drain accident can seek compensation by filing a personal injury lawsuit in their local court of law. Personal injury lawsuits in general require the injured party to present evidence and testimony from witnesses. They must also prove four propositions:
Duty of Care
In a negligence-based personal injury case, you must first prove that the pool owner owed you or your loved one a duty of care. In general, the law imposes certain duties and responsibilities upon a pool owner, including a duty to keep the pool in a reasonably safe condition. Pool owners also generally have a responsibility to inform swimmers of dangerous conditions in a pool, such as an uncovered drain.
Second, you must prove that the pool owner breached, or failed, to carry out his or her duty of care. Evidence showing that a drain cover was missing, that the pool owner failed to perform any maintenance on the pool, or that he or she failed to correct obvious problems are all examples of a pool owner who has breached his or her duty of care.
Third, you must prove that the breach directly or indirectly caused your injuries. Typically, there must be a causal connection between the defective or missing pool drain cover and the injuries that are the subject of the lawsuit.
Lastly, you must be able to show that your injuries can potentially be compensated with a monetary award. At a minimum, your lawsuit must request a specific remedy, which can include the amount of monetary compensation you are seeking for your expenses and losses. Notably, many courts require that any claimed expenses and losses be supported by objective evidence like receipts, invoices, bills, and other documents.
Your ability to file a claim for your pool drain accident will depend on the specific laws of your jurisdiction. Filing a claim for a pool drain accident can be complicated, especially in jurisdictions without settled law on the subject. Thus, if you are planning to seek compensation for such an accident, you should consult with a pool drain cover lawyer as soon as possible; a personal injury lawyer working for you will be able to help you assess the validity and standing of your claim.
CALL ZINDA LAW GROUP’S POOL drain cover attorneys FOR HELP
Pool drain accidents can leave victims with serious injuries and substantial trauma. Fortunately, many pool drain accidents can be prevented if pool owners install and use drains in accordance with federal law. Unfortunately, non-compliant pools and spas continue to put swimmers at risk. If you were injured by a pool drain, you should contact an experienced attorney, for they will be able to help you assess liability, allocate fault, and seek compensation accordingly.
At Zinda Law Group, we have the knowledge and resources necessary to help you pursue the highest compensation possible. Zinda Law Group personal injury lawyers provide personalized and quality consultation for every one of our clients, and we would be certain to pay careful attention to the specifics of your legal claim. The sooner you contact our office, the better we may be able to serve you.
If you or a loved one was injured by a pool drain, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our pool drain cover lawyers. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.