Drowning
(FREE CONSULTATION)
Serious or fatal injuries can occur in or near swimming pools. Pool accidents, diving accidents and other swimming-related accidents are the second leading cause of death of children under 14 years of age.
Each year, over 1,000 children die in pool, swimming, and diving-related accidents and over 5,000 others are hospitalized. Additionally, spas and whirlpools kill over 200 children annually. Adults are not immune from aquatic accidents. Many adults suffer severe injuries when they combine alcohol and swimming. Furthermore, severe spinal cord injuries may result from diving into water that is too shallow. A pool owner may be negligent if he or she fails to post adequate warnings regarding water depth. Diving accidents are also common in backyard pools.
A majority of swimming pool-related injuries occur as the result of improperly designed and constructed pools, poor pool maintenance, and lack of pool fences or covering. Every year, more than 1,000 children die due to swimming accidents; with approximately 33% of those fatalities taking place in swimming pools. In addition to the deaths of innocent children, thousands of adults die and suffer serious injuries annually in swimming accidents.
While most swimming pool lawsuits will involve premises liability law (the duty of a property owner to protect visitors and guests from hazardous conditions,) litigation of pool accidents might require litigation of other personal injury and negligence considerations as well. For example, the party at primary fault might prove to be the manufacturer or installer of a dangerously defective diving board, or a maintenance company that failed to instruct its employees in the proper use and storage of pool chemicals.
Most often, however, the pool's owner will be the most obvious defendant in a swimming pool personal injury case, whether that party is a private homeowner, a hotel corporation, or a school district. A question commonly encountered in swimming pool litigation is whether the owner took proper measures to secure the pool from unauthorized or unsupervised use, especially by children. Mashney Law Offices’ familiarity with civil trial practice, personal injury law, and the techniques of claim analysis and presentation can make the decisive difference if you or your child has been injured in a pool.
Children of all ages are fascinated by swimming pools. Many of these pools will be in their backyards. Unfortunately, few of them have any concept of how dangerous swimming pools can actually be. Each year approximately 250 children under 5 years of age drown in swimming pools. Even if the child can swim, the suction from drains in swimming pools and spas, under certain conditions, can entrap them underwater.
To prevent swimming pool drowning, layers of protection are essential. Place barriers completely around the pool, closely supervise young children, and be prepared in case of an emergency. In addition:
- If a child is missing, always look first in the pool. Remember, seconds count!
- Knowing how to swim doesn't make a child drown-proof. Never use floatation devices as a substitute for supervision.
- Keep rescue equipment and a phone next to the pool.
- Learn cardiopulmonary resuscitation (CPR) and make sure adults in your family do the same.
Install physical barriers around the pool to limit access. In connecting the barrier make sure:
- That fences and walls are at least 4-feet high and are installed completely around the pool.
- That gates are self-closing, self latching and that the latch is out of reach of small children.
- If your house forms one side of the barrier for the pool, doors leading from the house to the pool should be protected with alarms that sound when the doors are unexpectedly opened. Or, use a power safety cover, a motor-powered barrier placed over the water area, to prevent access by young children.
- For above-ground pools, steps and ladders to the pool should be secured or removed when the pool is not in use.
- Never use a pool or spa with a missing or broken drain covers. Be sure a newer, safer drain cover is in place. The new drain covers are usually dome shaped instead of the old flat drain covers.
- Consider installing a Safety Vacuum Release System (SVRS), a device that will automatically shut off a pump if a blockage is detected.
- Have a professional regularly inspect your pool or spa for entrapment or entanglement hazards.
- Plainly mark the location of the electrical cut off switch for the pool or spa pump.
- If someone is trapped against a drain, cut off the pump immediately. Instead of trying to pull the person away from the powerful suction, pry a hand between the drain and the person's body to break the seal.
Unfortunately, the number of children drowning in inflatable pools has increased significantly. The pools—ranging in size from small wading pools to 4-foot-deep, 18 foot-wide above-ground pools—have grown much more popular over the past several years. As you may know, these pools have gotten larger and accordingly more dangerous. Safety officials warn that inflatable pools pose the same dangers. Because inflatable pools have become larger, owners do not empty them every night and thus increasing the risk.
Property owners who have swimming pools, such as home, apartment, and hotel owners, are responsible for providing a safe area for adults and children to enjoy. The property owner may be held legally responsible for any injuries sustained in the swimming pool. If a guest or visitor is injured or drowns in another person's pool, the accident may be considered a premises liability if the accident was due to the negligence of the property owner who failed to provide a safe environment. As the plaintiff in a premises liability case, it is your responsibility to prove that:
- The property owner was negligent
- The property owner's negligence caused a physical injury
- The injury resulted in pain and suffering
Swimming-related accidents and near drowning result in devastating consequences, including brain injuries and paralysis. These life-altering injuries require the victim to sustain a variety of medical expenses, such as surgeries, medications, and visits to specialists. In an effort to reduce the risk of swimming related accidents, please obey the following swimming safety tips:
- Never swim under the influence of drugs or alcohol
- Take a CPR training class
- Swim with a partner, never swim alone
- Never allow unsupervised children near a swimming pool
- Ensure that all adults supervise children while in the pool
- Install a fence with a functioning lock around the pool
- Cover the pool with a durable cover when not in use
If you or a loved one has been the victim of a swimming pool accident, drowning, or near drowning, please contact a swimming pool accident attorney at Mashney Law Offices immediately. Swimming accidents may result in serious disabilities and injuries, and the negligent property owners should be held accountable for the injuries that they caused. Our experienced and aggressive
Mashney Law Offices is ready to help you. Please call us at (800) 555-6655 or submit an online case evaluation. This is a FREE CONSULTATION.
