Swimming Pool Accidents and Injuries: Liability and Claims

While swimming pool accidents requiring cardiopulmonary resuscitation occur among adults, there is a high incidence of swimming pool death and drowning accidents among adults as well as children. In fact, the Center for Disease Control and Prevention (hereinafter, “CDC”) indicates that drowning accidents constitutes the second leading cause of death of children between the ages of one through fourteen.

Liability and Responsibility for Pool Owners

Liability and responsibility for pool accidents hinges upon various factors. Initially, whether one was negligent in the maintenance of a swimming pool is a factor. Thus, negligent maintenance of a pool, failure to install and/or maintain a pool alarm and other pool safety devices and failure to provide a pool cover can all lead to liability for a pool accident if an individual sustains an unintentional injury there from. Furthermore, if a swimmer was in the care of another individual, that individual may be liable if the individual failed to take reasonable care and provide reasonable supervision of the swimmer. Ultimately, whether any person or entity is liable for a pool accident depends upon whether that person or entity was negligent.

Wrongful Death Claims of Swimming Pool Accidents

A wrongful death claim is brought by the survivors of the person who passed away due to the negligence of another party, and the claim serves as financial compensation as a judicial remedy to assist those dependent on the deceased person for monetary or emotional support. For instance, a pool generally must be surrounded by a fence with a lock or latch in order to prevent the pool from being accessed. If there is no fence or lock and an individual enters the pool and dies, there may be a wrongful death asserted by the person’s estate stemming from the matter. Moreover, if a pool device, such as a lock or a pool alarm, fails to properly operate and an individual enters a pool and drowns, there may be a claim filed by the individual’s family based upon wrongful death against the manufacturer of the device.

How a Lawyer Can Help

Wrongful death lawsuits based upon swimming pool death and drowning are complex and delicate matters. Consequently, it is crucial to retain the services of an experienced attorney when filing such a lawsuit. An experienced attorney will not only be able to review one’s case, but also help one to select the most appropriate course of action. In addition, an experienced attorney will have years of courtroom skills and negotiating experience to help one to exact the compensation and justice one is entitled to receive.

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