Swimming Pool Accidents

You and all your friends may believe that swimming pools are safe. Most of the time, they are. But should something happen to you, or heaven forbid, your child, a sunny afternoon activity suddenly becomes a disaster. You may feel compelled to sue the pool’s owner for compensation that pays you for your medical bills, pain and suffering, among other things. Only an experienced pool attorney in NJ can tell you if you have a claim against a private or public pool owner. Call an experienced swimming pool accident attorney at RAM Law. Their specialists handle every aspect of your claim from the time of the accident.

When Do I Need a Swimming Pool Accident Lawyer?

Public and private swimming pools provide a relaxing way for people of all ages to get together and have fun, but pools can sometimes be dangerous locations where there’s a very real risk of accidental drowning and other catastrophic injuries. More than 20 people are injured in swimming pool accidents every day, and as many as 15 percent of those injured in a drowning accident don’t survive.

The owners of swimming pools at both public and private locations are responsible for making sure a pool is safe and protected from unauthorized use. If you or a loved one has been injured in an accident in a swimming pool or spa, you may face mounting medical bills and a long road to recovery. When an injury from a New Jersey swimming pool accident is caused by negligence, you need useful legal representation from the experienced swimming pool accident attorneys at RAM Law.

What Causes Swimming Pool Accidents?

Swimming pool accidents happen in both inground and above-ground swimming pools that are located in private residences as well as in public pools, hotel pools and water parks. Some of the most common causes of swimming pool accidents include:

• Inability to swim. The risk of drowning and near-drowning accidents greatly increases when either children or adults don’t know how to swim.
• Inadequate supervision. Children should always be closely watched while swimming, even if they’re experienced swimmers. Adults should avoid swimming alone.
• Inexperienced lifeguards. Lifeguards at public pools are expected to know how to handle an emergency if one occurs, and emergency equipment, including a phone, should be readily available.
• When pools get too crowded in water parks or public pools, lifeguards may not be able to see a swimmer that’s in trouble, and crowds may hinder rescue attempts.
• Diving into shallow water. Pool depths should be clearly marked, and diving shouldn’t be allowed in shallow water.
• Drain entrapment. Some pool accidents are caused by entrapment in drains. Bathing suits, hair, arms and legs all have the potential to be caught in hot tub or swimming pool drains that are malfunctioning or aren’t properly covered.
• Poor lighting. When pools aren’t adequately lit, lifeguards may not see drowning victims.

The biggest tragedy of swimming pool accidents is that they’re usually preventable. An experienced pool attorney in NJ takes the time to thoroughly investigate the cause of a swimming pool accident and determines who might be held liable for the harm that you’ve endured.

What Kind of Injuries Happen in Pools and Spas?

Accidents that happen in or near swimming pools and spas have the potential to be very serious and sometimes even fatal. Some of the most common types of injuries include:

• Spinal cord injuries. Spinal cord injuries are an unfortunate consequence of many diving accidents and may lead to permanent paralysis.
• Traumatic brain injuries. Hitting the head on the bottom of a pool can permanently injure the brain.
• Electrocutions. Hanging lights and stereo equipment kept too close to a pool can cause electrocution.

Submersion injuries are those that occur because of staying under water too long. Those that survive a near-drowning may experience brain damage, memory problems and learning disabilities. Falls or roughhousing while in or near a pool can result in bruises, dislocations and broken bones.

What Requirements Do Swimming Pool Owners Need to Follow?

Owners of New Jersey private residences that have a pool are expected to follow certain requirements or they can be held liable in a premises liability case as well as a personal injury claim. Rules that must be followed by private swimming pool owners include:

• Swimming pools must be entirely enclosed by a fence or barrier that’s at least five feet high and restricts access.
• The fence must not be climbable from either side.
• It should be secured by a padlock that’s at least 54 inches above the ground.

For added security, owners of private pools should also install alarms on the pool barrier. Pools should have drain covers to prevent accidents involving drains. Portable ladders should be stored away from the pool when the pool isn’t in use.

Who’s Responsible if There’s a Drowning Accident?

When there’s a drowning, near drowning or other swimming pool accident that was caused by someone else’s negligence, the person or persons responsible may be held accountable and a case brought forth by your swimming pool accident attorneys. Examples of people and entities that may be responsible for a swimming-related accident include:

• An owner of a private swimming pool may be liable if the pool wasn’t properly surrounded by a barrier or if there weren’t signs posted such as: “Swim at your own risk.”
• Government agency. A government agency may be liable if an accident happens at a public pool or park if the agency hired untrained lifeguards or failed to warn of danger at or near any body of water.
• Commercial property owner. The owner of a commercial property such as a hotel, apartment complex or spa may be liable for a drowning accident if the pool area wasn’t secured or if there was inadequate safety equipment or they ignored complaints about a potentially dangerous condition.
• Product manufacturer. The product manufacturer may be liable when unsafe products such as malfunctioning drains or pipes or broken water slides lead to pool injuries.

In lakes and other bodies of water, boating accidents may also lead to drowning, injuries or death. An NJ pool lawyer is a personal injury lawyer with the knowledge needed to represent you if you were injured in a swimming or boating accident.

What Type of Compensation Is Available after a Swimming Pool Accident?

There are several types of compensation that you may be able to obtain after a swimming pool accident caused by the negligence of another party. These include:

• Current and future medical expenses
• Lost income
• Loss of earning potential
• Pain and suffering

Avoid accepting a settlement from the responsible party without talking to a reputable swimming pool accident lawyer. Working with experienced swimming pool lawyers is the best way to ensure you obtain the maximum compensation you need to cover your expenses and allow you to heal.

How Can a Swimming Pool Drowning Lawyer Help?

Swimming pool accident lawyers have extensive knowledge of liability laws that pinpoint who’s responsible after a pool accident and what needs to be done to hold the responsible party or parties accountable. To obtain compensation, you need to be able to prove:

• The pool owner was responsible for providing safe conditions.
• The pool owner was expected to know that there were conditions that presented dangers to others.
• The victim sustained injuries from a pool accident because of the pool owner’s negligence.

There are several different ways a pool owner may have been negligent. Some examples of this type of negligence include:

• Failure to provide safety fencing to keep small children out of the pool area
• Lack of adequate pool supervision
• Insufficient signs that warn visitors against diving or signs that indicate there are no lifeguards so that visitors are swimming at their own risk
• Missing safety equipment such as life preservers

Pool owners are also responsible for maintaining the area around the pool. When the surrounding area isn’t properly maintained, the risk of slip and fall accidents increases, which may include accidentally falling into the pool.

When You Are Injured, Our Accident Lawyers at Rebenack, Aronow & Mascolo, L.L.P. Will Help

A swimming pool accident can be life-changing and saddle you with mounting medical expenses, lost income, and pain and suffering. Our seasoned Personal Injury lawyers at Rebenack, Aronow & Mascolo, L.L.P. can help. Call 732-247-3600 or contact us online to schedule a free consultation. We are located in New Brunswick, Somerville, and Freehold, New Jersey, and we serve clients in Middlesex County, Monmouth County, and Somerset County.

Sources:

https://www.njadvocates.com/premises-liability/swimming-pool-accidents/

https://www.greenberg-walden.com/new-jersey-pool-safety-regulations-to-remember-this-summer/

https://www.cdc.gov/drowning/facts/

https://www.jebailylaw.com/south-carolina/premises-liability-lawyer/swimming-pool-injury/

https://www.shouselaw.com/ca/blog/drowning-liability-6-parties-who-may-be-held-liable/