Public Pool Accident Lawyers
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Many cities and public entities provide and maintain pools for public usage. This public amenity is a welcome relief to many residents, especially for families looking for inexpensive summer activities for their children. Although public pools are of great value, they are not always safe.
Contrary to popular belief, city-owned pools are typically not any safer than privately owned ones. Public pool swimmers are exposed to many safety risks when in or around the pool. Fortunately, many public pool accidents can be prevented through routine maintenance and safety education.
HOW DO PUBLIC SWIMMING POOL ACCIDENTS HAPPEN?
Swimming pools offer cool relief and a great opportunity to spend time outdoors with friends and family. It is not surprising, then, that as summer approaches, many families are expected to flock to pools to escape the sun and heat. Despite their allure, swimming pools come with many safety risks and can be dangerous if swimmers are not careful while in the water.
From 2005-2014 alone, there were an average of 3,536 fatal unintentional drownings annually in the United States—approximately ten deaths per day. About one in five people who die from drowning are children 14 and younger. In fact, drownings are the second-leading cause of fatalities among children, and for every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.
Ultimately, swimming pools can be dangerous, even if they are public ones. According to safety experts, there are a few factors that increase drowning risks. Parents and swimmers alike should be aware of the following factors that increase drowning risks:
- Lack of swimming ability
- New parents
- New owners of a pool
- Multiple children around the pool
- Underestimating a child’s mobility
- Lack of barriers
- Lack of close supervision
- Failure to wear a life jacket
- Alcohol or drug use
- Seizure disorders
Due to the serious consequences of swimming pool accidents, all swimmers should stay up-to-date on safety guidelines before stepping into the water because even nonfatal near-drowning incidents can leave adults and children with life-altering injuries. Knowing what factors increase your chances of sustaining a water injury can help you avoid falling victim to a swimming pool accident.
If you or a loved one was injured in a public swimming pool, you should contact an injury lawyer as soon as possible. If contacted, an attorney may be able to help you assess your accident and seek compensation accordingly.
HOW CAN SWIMMING POOL ACCIDENTS BE PREVENTED?
Although some swimming pool accidents are truly unexpected, the majority of pool injuries can be prevented by following the recommended safety procedures and protocols. Safety and medical experts recommend adhering to the following safety tips to keep safe while swimming:
- Supervise children at all times.
- Use the buddy system.
- Make sure at least one adult knows CPR.
- Keep the pool area clear of debris.
- Never dive into shallow water.
- Stay out of the water during thunderstorms.
- Avoid consuming alcohol when around the pool.
- Avoid consuming drugs when around the pool.
- Know and recognize your limits.
By following these tips, you can decrease your risks of drowning or injury; with a lowered risk of injury, you will be much more likely to enjoy your time at the pool. Despite the fact that many swimming pool accidents are preventable, some may be simply unavoidable. If you were injured at a public swimming pool and believe that someone else’s failings caused the accident, you should contact a local pool accident attorney to discuss your injuries and legal options; an attorney may be able to help you pursue compensation for your injuries and losses.
DO I HAVE A CLAIM FOR AN ACCIDENT THAT HAPPENED AT A PUBLIC POOL?
If you were injured at a public swimming pool, you may be able to seek legal compensation from the responsible party; this is because public pool owners, unlike private ones, must also comply with specific federal and state regulations to keep the pool safe for all water-goers. Public swimming pool accident cases are usually governed by the laws of negligence and premises liability. Liability in these cases usually depends on the premises liability law of your particular state; aside from any jurisdictional discrepancies, many states have similar statutes for premises liability claims.
Public pool owners can be held liable when a visitor or swimmer is injured under the usual rules of premises liability for the state where the pool is located. There are many different reasons why a public pool owner may be held liable under a premises liability claim; in states that recognize the special statuses of invitees and licensees, for example, an owner of a public pool has a duty to reasonably maintain and repair the pool to avoid injuries.
A public pool owner can be held liable for failing to provide emergency safety equipment at a public pool if someone was injured. That pool owner may also be held liable for broken equipment or inadequate supervision. If a particular type of equipment or supervision is required by state or federal law, and the lack of them causes or contributes to an accident, an inference of negligence may be created in states that follow the doctrine of negligence per se.
Additionally, public pool owners may need to warn guests of any hidden dangers. Some responsibilities might include providing signage, warning swimmers of shallow areas, and advising against diving into the water. Public pool owners have a lot of responsibility when it comes to protecting their guests and keeping swimmers safe; if a public pool owner fails to do so, they may be held liable as a matter of law.
If you were injured in an accident at a public pool and suspect that the pool owner’s negligence contributed to the incident, you should contact an injury attorney to discuss your legal options. The laws and requirements for swimming pool accident cases can vary dramatically by jurisdiction and court. A public pool accident attorney may be able to help you sort through your jurisdiction’s statutes and caselaw and pursue a claim accordingly.
DOES IT MATTER IF I HAD PERMISSION TO BE AT THE POOL?
Your legal standing to file a premises liability claim may also depend on what type of visitor you were at the time of the swimming pool accident. While a public swimming pool owner is required to exercise reasonable care when maintaining their property, this duty may be limited depending on what type of visitor is on their property.
Many state laws identify three classifications of visitors that may go onto someone’s property. Each level of visitor is owed a different, and varying, duty of care by the property owner. The three most commonly recognized visitor types are listed below:
An invitee is someone who has the pool owner’s express or implied permission to enter the property. Invitees are usually people like friends, relatives, neighbors, or customers. The pool owner traditionally owes an invitee a duty of reasonable care to keep the property reasonably safe for the invitee.
A licensee is someone who has the landowner’s express or implied permission to enter the property but is coming onto the property for his or her own purposes. The landowner traditionally owes a licensee a lesser duty only to warn the licensee of dangerous conditions that create an unreasonable risk of harm. However, this duty is typically limited even more; some state courts have ruled that a pool owner only owes that duty to warn if the owner knows about the condition and the licensee is not likely to discover it prior to an accident.
A trespasser is someone who is not authorized to be on the property. Traditionally, owners owed no duty to trespassers unless the trespasser was a child. In that case, the landowner owed the duty to exercise reasonable care to avoid a reasonably foreseeable risk of harm to children caused by artificial conditions on the land, like a pool.
The rules governing what type of visitor someone qualifies as can get complicated and convoluted quickly; these rules not only vary from state to state in statutes, but also in applied caselaw. If you have been injured on another’s property and are unsure of your classification, you should contact a public pool accident lawyer as soon as possible. A local attorney may be able to help you determine what duty was owed to you at the time of the accident and what you can recover for that specific breach of duty.
GET HELP FROM ZINDA LAW GROUP’S INJURY ATTORNEYS TODAY
Public swimming pool accidents can be frightening and devastating for victims, especially those accidents that have caused severe and permanent injuries. Premises liability statutes can vary dramatically by jurisdiction; thus, it can be difficult to determine which laws and statutes apply to your particular case. If you were injured at a public swimming pool, you should contact a lawyer who handles personal injury cases as soon as possible because an experienced attorney 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 may be able to provide you with personalized and quality consultation about the specifics of your legal claim. Moreover, the sooner you contact our office, the better we may be able to serve you.
If you or a loved one was injured at a public swimming pool, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our injury attorneys. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.