Swimming Pool Accident Lawyers
Houston Premises Liability Firm
In the summertime, swimming quickly becomes one of the favorite pastimes of children and adults alike. Whether at the beach, on the lake, or in the neighborhood pool, swimming is a pleasurable activity that can also be very dangerous. It is important for owners of private pools, water parks, hotels, and similar facilities maintain these areas so that swimming is as safe as possible for patrons.
Swimming pool accidents often happen more than people realize, sometimes resulting in severe injuries. People know the risks of drowning—10 people drown every day statistically—but injuries such as brain damage, fractures, or concussions can also result from a pool accident.
Types of Swimming Pool Dangers
Aside from drowning, pools contain several other safety hazards:
- Drains – When a swimmer comes too close to an uncovered pool drain, its powerful pumps can trap victims underwater. In particularly devastating cases, the suction is powerful enough to cause serious injury. It is the responsibility of the pool owner to keep the pool safe and free from defects like a broken drain lid, which can result in serious injury or death. The manufacturer may also be at fault of the product was faulty or defective.
- Chemicals – All pools must be treated with chemicals to maintain sanitary water conditions, but when added in excess or when left unsecured in proximity to a pool, swimmers are at risk of sustaining serious chemical burns or other related injuries. Liable parties may include the property owner or the pool maintenance company.
- Slips & Fall Injuries – Not all swimming pool accidents occur in the water. A common swimming pool injury involves slips and falls in the pool area, which quickly becomes slick as swimmers enter and exit the water. In order to prevent injuries, pool decks must be constructed from concrete or other materials designed to prevent slips and falls. Warning signs, lifeguards, and other personnel should also inform guests of safety measures.
Recognizing the Risk of Drowning
According to the American Red Cross, drowning is the second-leading cause of injury-related death in children aged 1 to 14. Children are not the only ones at risk. Thousands of adults also die or suffer catastrophic injuries yearly in swimming accidents. In fact, according to an ARC survey of 1,000 adults, nearly half have had at least 1 drowning scare in their lifetime, and 1 out of every 4 people knows someone who has drowned.
Preventing drowning accidents could often be as simple as better education on the Instinctive Drowning Response, which doesn’t look like the movie version of a swimmer yelling for help, splashing around, or making audible noise. More often than not, however, it takes modifications to pool design, security measures, safety gear, maintenance standards, or training to stop certain accidents from happening.
Who Is at Fault for a Pool Accident?
When a pool injury occurs, insurance companies and pool owners often try to blame the victim. In the case of a drowning or other serious injury, that individual is not able to explain what truly happened. That is why Arnold & Itkin is here to investigate your case and identify negligent parties that contributed to your or your loved one’s damages. We can identify who is at fault and hold them accountable for your loss.
The following parties may be at fault for a swimming pool accident:
- Water Park Owners
- Municipal Pool Overseers
- Private Swimming Facilities
- Swimming Management Companies
- Private Property Owners
- Maintenance Company
- Pool Product Manufacturers
Proving Liability in Your Case
Another important factor in a swimming pool accident case is proving liability. While you may believe a pool owner is responsible, can you prove that they can be legally held liable for the damages they caused? Is it possible that the design or construction of the pool itself was at fault? There are several different approaches that can be taken in swimming pool accidents, from product defect liability to premises liability.
In the case of premises liability, the following elements must be proven:
- The property owner (defendant) maintained possession of the premises.
- The plaintiff had the right to or was allowed on the premises.
- The property owner failed to meet their duty of safely maintaining the property.
Some cases may involve a young child who wandered into a neighbor’s yard and was hurt in or around a swimming pool due to a lack of security gates, latches, or fencing. While premises liability may apply, other forms of liability can be proved if one of these elements isn’t a factor.
Need Legal Guidance? Call Our Firm at (888) 493-1629 Today
In the wake of a swimming pool accident, only an experienced premises liability attorney will have the resources necessary to discover negligence or defective equipment that may have caused accident or injury. If you or a loved one was injured in a swimming pool accident, you don't have to fight for your rights to compensation alone. If you are unsure if you have a case, we're more than happy to give you answers.
Contact the personal injury lawyers at Arnold & Itkin today for a free consultation. We welcome the opportunity to act as advocates on your behalf.