Swimming pools can be a fun way to cool off and enjoy time with your family and friends. However, they can also create life-changing situations. For example, if you or a loved one were injured, you could be eligible to recover compensation.
A Duluth personal injury lawyer from Kaine Law can help determine the recoverable damages you are entitled to regardless of where your accident happened, whether at a public pool or a friend’s or neighbor’s home. We will keep your best interests in mind while respectfully communicating with other parties on your behalf.
Swimming Pool Accidents are Premises Liability
Premise liability cases are typically personal injury cases where you or a loved one were injured because of an unsafe or defective condition on someone’s property. For a premise liability case, you must prove the property owner was negligent with the ownership or maintenance of the property, including failure to use reasonable care for others.
Does it Matter Where My Pool Accident Occurred?
Swimming pool accidents can happen at many different types of locations, such as:
- Waterpark and amusement park pools
- Hotel and motel pools
- Apartment complex pools
- Neighborhood pools
- Community pools
- Health club pools
- Private pools (friends, neighbors, family member’s pool)
There is a time limit to file a lawsuit regardless of where your accident happened. Although, for example, you typically have two years to file a swimming pool accident suit according to O.C.G.A. § 9-3-33, per O.C.G.A. § 36-33-5, you only have six months to file if the City of Duluth owns the pool.
It is important to reach out to us immediately after the accident so we can investigate your accident and meet the necessary time requirements. This also gives us adequate time to negotiate a settlement and review your damages to determine the value of your case.
Common Types of Accidents in Swimming Pools
Swimming pool accidents typically involve children in an unsupervised or unsecured pool. This is why there are laws and ordinances requiring swimming pools to have the following:
- Have a barrier such as a fence, safety cover, building wall, or a combination that surrounds or covers the pool to block the entrance or access.
- The barrier must be at least 4 feet high.
- Gates should be self-closing and self-latching.
The Centers for Disease Control and Prevention (CDC) reports nearly 40% of drownings that received emergency care also required hospitalization or transfer for further care. Drowning injuries can cause serious outcomes, including brain damage resulting in long-term disabilities for victims.
Accidents can involve adults as well. The CDC states certain factors make drowning more likely, such as:
- Not being able to swim or being a weak swimmer
- Missing or ineffective fences around the water
- Lack of close supervision
- Not wearing life jackets or proper flotation devices
- Drinking alcohol
- Using drugs and prescription medications
How to Prevent Pool Accidents
Swimming pool accidents can be traumatic, but there are also ways to help prevent them from happening again. Stop Drowning Now states best safety practices are:
- Supervise. Never leave children unsupervised near any water. While swimming, do not let children under the age of four be more than arm’s length from you. Drowning can happen in a matter of seconds.
- Learn CPR
- Avoid alcohol
- Fence in home pools and add alarms. A self-closing and self-latching gate should also be installed with an alarm that sounds when the gate opens.
- Stay in designated areas. Pay attention to warnings about unsafe swimming conditions and be aware of where children swim.
- Keep bathroom doors locked.
- Store buckets and containers safely.
For a free legal consultation with a swimming pool accident lawyer serving Duluth, call 404-214-2001
How a Lawyer Can Help Your Swimming Pool Accident Case
A swimming pool accident case can be challenging, especially if the accident happened at a family or friend’s pool. We can take care of the many legal aspects of your case while you focus on recovery or taking care of your loved one while they recover. First, we will determine who is liable for the accident through an investigation. We can do that by proving negligence.
Duty of Care
We will prove that the swimming pool’s property owner, or manager, had an obligation to keep you safe and out of harm’s way. That could look like ensuring the public areas are clear of anything hazardous, sealing off areas with potential danger, and hiring lifeguards.
Demonstrate There Was a Breach of Duty of Care
Using the evidence we find during our investigation, we will prove the property owner or manager was negligent, allowing your injuries to occur. Meaning the duty of care was breached by failing to exercise reasonable care.
Prove the At-Fault Party Caused Your Accident
We will prove the inactions or actions of the company or person directly caused your accident. For example, if the diving board or slide had unsafe conditions but was not marked off for usage or had inadequate warning signs, this could show negligence.
Damages You Endured Because of the Accident
As a result of the accident, you need compensation because of the current impact your injuries have had on you and how they will continue to impact your life. For example, a financial award could include compensation for the following:
- Medical bills (past and future)
- A change in income because of not being able to work, reduced work, or loss of income because of your injuries
- Pain and suffering mentally and physically.
- Loss of enjoyment of life because of your pool accident
Duluth Swimming Pool Accident Lawyer Near Me 404-214-2001
Get Help from a Duluth Swimming Pool Accident Attorney Today
Our Duluth swimming pool accident lawyers understand the trauma and overwhelming feelings you are experiencing after an accident and not knowing what to do next. Follow the medical instructions you have received to recover from your accident, keep all documentation organized, and give us a call. Then, we can walk you through your next steps and be by your side while we fight for your rights.
Contact Kaine Law today for your free consultation if you or a loved one were injured in a swimming pool accident.
Call or text 404-214-2001 or complete a Free Case Evaluation form
