Premises Liability Due to Swimming Pool Accidents

Swimming pools — whether they’re commercial or personal — should be a place of fun and relaxation. That isn’t always the case though.

Underlying the entertainment are threats just below the surface. If you or someone you love has been injured in a swimming pool accident, the premises liability lawyers at Nix Patterson are here to help.

Before we discuss that, though, let’s first understand the basics of premises liability law.

A Primer on Premises Liability Law

Premises liability law is a branch of personal injury law that deals with the responsibility of property owners and occupiers to maintain safe conditions on their premises. This legal area is crucial for protecting individuals who are injured due to unsafe conditions on someone else’s property. Here’s a foundational overview of premises liability law to help you understand its key components:

Duty of Care

At the heart of premises liability law is the concept of “duty of care.” Property owners and occupiers have a legal obligation to ensure that their premises are reasonably safe for visitors. The level of care required varies depending on the status of the visitor—whether they are an invitee, licensee, or trespasser.

• Invitees: Individuals who enter a property for the benefit of the property owner or for a commercial purpose (e.g., customers in a store) are owed the highest duty of care. Property owners must inspect the premises for potential hazards and rectify them or provide warnings.
• Licensees: People who enter a property for their own purposes but with the property owner’s permission (e.g., social guests) are owed a lower duty of care. Property owners must warn of known dangers but are not required to inspect the premises as thoroughly as they would for invitees.
• Trespassers: Individuals who enter the property without permission are generally owed the least duty of care. Property owners are prohibited from willfully harming trespassers and must avoid creating traps or hazards specifically designed to injure them. However, property owners may be liable if they cause injury through gross negligence.

Breach of Duty

A breach of duty occurs when a property owner fails to meet their legal obligation to maintain a safe environment. This could involve neglecting to address known hazards, failing to repair dangerous conditions, or not providing adequate warnings about potential dangers. Proving a breach involves demonstrating that the property owner knew or should have known about the hazard and did not take appropriate action.

Causation

To succeed in a premises liability claim, you must establish a direct link between the property owner’s breach of duty and your injury. This means proving that the unsafe condition directly caused the accident and subsequent harm. For instance, if a wet floor caused you to slip-and-fall, you must show that the owner’s failure to address the wet floor led to your injury.

Damages

Damages in a premises liability case refer to the compensation you seek for the harm suffered due to the unsafe condition. This can include medical expenses, lost wages, pain and suffering, and other losses directly related to the injury. The goal of damages is to restore you to the position you would have been in had the accident not occurred.

If you are injured on someone else’s property, you may pursue legal remedies through a premises liability claim. This involves filing a lawsuit to seek compensation for your damages. The process typically includes investigating the incident, gathering evidence, negotiating with insurance companies, and, if necessary, representing you in court.

With that understood, let’s now shift our attention to what can make swimming pools dangerous. Understanding these threats will help you and your lawyer better grasp the nuances of your case and hold the appropriate parties accountable.

The Hidden Dangers of Swimming Pools

There are dangers everywhere, but at swimming pools, they can be particularly pronounced. Here are some common reasons why swimming pools can be dangerous:

Slippery Surfaces

The areas surrounding swimming pools, such as pool decks and stairs, are often wet and can become extremely slippery. Water from the pool, as well as splashes and spills, can create hazardous conditions. Without proper non-slip surfaces and regular maintenance, these areas pose a significant risk of slip-and-fall accidents.

Inadequate Fencing and Barriers

Inadequate or missing fencing around swimming pools can lead to unauthorized access, especially by young children. Proper fencing with self-closing and self-latching gates is essential to prevent accidental drownings and ensure that only authorized individuals can access the pool area. Failure to install or maintain these safety barriers increases the risk of tragic accidents.

Poor Visibility and Lighting

Swimming pools that are poorly lit can present dangers both during the day and at night. Inadequate lighting can obscure hazards, making it difficult for swimmers to see potential dangers or for lifeguards to monitor the pool effectively. Proper lighting is crucial for visibility and to ensure that swimmers and pool staff can see and address any safety concerns.

Unsupervised Pools

Pools without adequate supervision or lifeguards can be particularly dangerous. Inexperienced swimmers, children, and individuals with medical conditions may be at increased risk if there is no one present to respond quickly in an emergency. Supervision is essential to ensure that help is readily available if an accident or medical emergency occurs.

Unsafe Pool Maintenance

Improper maintenance of swimming pools can lead to a range of safety issues. For example, poorly maintained pool equipment, such as malfunctioning pumps or heaters, can create hazards. Additionally, inadequate cleaning and chemical balancing can result in unsafe water conditions, which may lead to infections or other health issues.

Diving and Diving Board Hazards

Diving into shallow water or using poorly maintained diving boards can cause serious injuries. Inadequate markings for safe diving depths or malfunctioning diving boards can result in head and spinal injuries. It’s crucial that pools with diving boards or slides have proper depth markings and regularly inspect equipment for safety.

Slip Hazards in Pool Areas

In addition to the pool deck, slip hazards can be found in other areas such as changing rooms and restrooms. Wet floors and uneven surfaces in these areas can lead to slip-and-fall accidents, particularly if proper maintenance and cleaning protocols are not followed.

These dangers, of course, can lead to accidents. Some of these might be minor, but some of them can be deadly. Let’s take a moment now to understand some of the common injuries that can happen in and around swimming pools.

Understanding the Injuries That Can Happen at Swimming Pools

Understanding the types of injuries that can occur at swimming pools is essential for both preventing accidents and seeking appropriate legal remedies if you are injured. Here are some common injuries associated with swimming pools:

Drowning and Near-Drowning

One of the most severe risks associated with swimming pools is drowning. This can occur due to a lack of supervision, particularly among young children or inexperienced swimmers. Near-drowning incidents, where individuals are rescued but suffer severe respiratory issues, can also be life-threatening and lead to long-term health problems.

Slip-and-Fall Injuries

The areas around swimming pools are often wet and slippery, leading to slip-and-fall accidents. Common injuries from these falls include sprains, fractures, and contusions. Wet pool decks, uneven surfaces, and lack of proper non-slip materials can significantly increase the risk of such accidents.

Head and Spinal Injuries

Head and spinal injuries can result from diving into shallow water or from accidents involving diving boards or slides. These injuries can range from concussions to severe spinal cord damage, potentially leading to long-term disability or paralysis. Proper depth markings and maintenance of diving equipment are crucial for preventing these types of injuries.

Chemical Burns and Irritations

Swimming pools require regular chemical treatments to maintain water quality. However, improper handling or incorrect chemical balances can lead to burns or irritations. Chlorine and other pool chemicals can cause skin rashes, eye irritations, and respiratory issues if the water is not properly balanced or if there is a chemical spill.

Lacerations and Abrasions

Lacerations and abrasions can occur from contact with sharp pool edges, damaged pool surfaces, or broken tiles. These injuries can lead to infections if not promptly and properly treated. Regular inspection and maintenance of the pool’s structural elements can help prevent such accidents.

Sickness

Pools that are not properly maintained can become breeding grounds for bacteria and viruses, leading to infections. Common infections include swimmer’s ear, gastrointestinal issues, and skin infections. Regular water testing and maintenance are crucial for ensuring the pool is hygienic and safe for use.

No matter the manner of your injury, Nix Patterson is here to fight for the maximum compensation possible. Let’s now discuss the types of damages that might be available.

Types of Damages in Swimming Pool Accident Cases

The damages in a swimming pool accident case are designed to compensate you for the full impact of your injuries and losses resulting from the incident. Here’s an overview of the primary types of damages you might seek in swimming pool accident cases:

Medical Expenses

Medical expenses encompass all costs related to the treatment of your injuries. This includes immediate emergency care, hospitalization, surgical procedures, and follow-up treatments such as physical therapy and rehabilitation. Additionally, if your injuries require long-term care or future medical procedures, these anticipated costs can also be included in your claim. Ensuring that all medical expenses are accounted for is crucial for recovering the full amount needed for your recovery.

Lost Wages

If your injuries from the swimming pool accident prevent you from working, you may be entitled to compensation for lost wages. This includes the income you lost during your recovery period. Furthermore, if your injuries impact your ability to work in the future or reduce your earning capacity, you may also seek damages for lost future earnings. Documenting your time away from work and any changes in your earning potential will support this aspect of your claim.

Pain and Suffering

Pain and suffering damages address the physical pain and emotional distress caused by the accident and its aftermath. This type of compensation is designed to provide relief for the discomfort, stress, and reduced quality of life resulting from your injuries. Pain and suffering damages are subjective and vary based on the severity of your injuries and how they affect your daily life and overall well-being.

Emotional Distress

Emotional distress damages compensate for the psychological impact of the accident. This can include anxiety, depression, and trauma that results from the experience and its effects on your life. For swimming pool accidents, emotional distress might stem from the traumatic nature of the injury, fear of returning to the pool, or ongoing mental health challenges.

Loss of Consortium

If the accident has negatively impacted your relationships, particularly with your spouse or partner, you may be entitled to loss of consortium damages. This type of compensation addresses the loss of companionship, intimacy, and support due to your injuries. It recognizes the emotional strain that the injury has placed on your familial and marital relationships.

Wrongful Death

In the tragic event of a fatal swimming pool accident, wrongful death damages can be pursued by the deceased’s family members or estate. These damages are meant to compensate for the loss of the deceased person’s life, including funeral and burial expenses, loss of financial support, and the emotional and psychological impact on surviving family members. Wrongful death claims address the profound personal and financial consequences of losing a loved one due to negligence.

Punitive Damages

Punitive damages are intended to punish the at-fault party for egregious conduct and deter similar behavior in the future. In the context of swimming pool accidents, punitive damages might be considered if the property owner’s actions were grossly negligent or intentional. However, these damages are not awarded in every case and are typically reserved for situations involving particularly severe misconduct.

Injured at a Swimming Pool? Nix Patterson Is Here to Help

Swimming pool accidents can result in serious, life-altering injuries or even fatalities, highlighting the critical importance of understanding the legal and financial implications of such incidents. At Nix Patterson, we are dedicated to helping individuals navigate the complexities of premises liability claims related to swimming pool accidents. Our experienced team is committed to investigating your case, advocating for your rights, and securing the full range of damages you may be entitled to. Whether you’ve experienced an injury yourself or are dealing with the profound loss of a loved one, we are here to provide the support and expertise you need.

If you or someone you know has been affected by a swimming pool accident, don’t wait to seek the justice and compensation you deserve. Contact Nix Patterson today for a free, no-obligation consultation. Let us put our extensive legal knowledge and experience to work for you, and remember, you won’t pay anything unless we win.