Many private properties have swimming pools; you may find the pools in homes, hotels, country clubs, schools, and more. The pools should be properly maintained and cared for, and if there are any defects or issues, they should be properly addressed. Swimmers and guests should be aware of any dangers at pools. Unfortunately, many times, the property owners themselves do not take proper action to protect the guests, which can result in numerous accidents and injuries. If you were hurt in a private pool accident, you could sue the property owner for damages stemming from the incident. Our team of pool accident lawyers at Normandie Law Firm has years of experience in the realm and we can help you win the compensation you deserve.
What Are Causes Of Private Pool Accidents?
Private pool accidents are often the result of negligence in some way, but there are different cares owed for each facility. For example, a private pool located in a home or residence does not have lifeguards present, and the care of the pool is the responsibility of the property owner. This is a similar expectation in apartment complexes or communities that also have their own pools. However, those who are swimming should be careful and exercise caution themselves to avoid injuries. In other cases, private pools that you pay for should be extremely well-kept and have no defects at all.
Some of the causes of private pool accidents include:
- Slippery floors: Swimmers may exit the pool or splash around a lot, which will cause the floor surrounding the pool to get wet. People walking by can easily slip and fall into the pool or fall onto the ground next to it, causing injuries. Additionally, those who exit the pool can slip and lose their footing, which may also cause accidents.
- Defective pool equipment: Pools need to have specific equipment to help people enter and exit, such as ladders and stairs. These pieces of equipment may break over time or wear down. Ladders with broken steps can cause people to fall while climbing, but other ladders may not be properly affixed to the pool wall. Further, stairs could be cracked or have uneven slopes that may cause falls.
- Diving accidents: Pools should be properly marked at all sections, including depth and any potential defects. People may try to jump into the pool in the shallow end without knowing that it is not that deep. If the pool is not properly marked, the owner can be held liable for potential injuries.
- Diving board accidents: There are various issues that can be present with diving boards; they may be too slippery to use and divers could fall off before jumping. The boards may also have broken springs or cracks that suddenly make the board fail. It is extremely dangerous to be on top of a diving board when it breaks or is defective.
- Chemicals: The cleaning compounds used in pools may cause swimmers to suffer severe allergic reactions or to get skin irritation and eye irritation. Some private pools are not regulated by anyone, just the property owners or homeowners, so there is no telling what they are putting in the water.
Private pool accidents can happen with no one around, such as at hotels and motels. These accidents are potentially extremely dangerous, as an injury in a pool can prevent you from leaving the water. In the worst cases, individuals have drowned from the accidents.
What Kind Of Injuries Can You Sustain In A Pool Accident?
Swimming pool accidents can result in a number of different injuries. These damages may clear up within a few days, or they can permanently affect you for life. It is important that you get medical attention and treatment to prevent any long-lasting injuries. Some of the damages that can occur in swimming pool accidents are:
- Skin damage
- Knee and hip injuries
- Herniated discs
- Neck and spinal cord injuries
- Broken bones
- Fractures
- Sprains
- Dislocations
- Concussions
- Closed head injuries
- Brain damage
- Traumatic brain injuries
- Lacerations
- Abrasions
- Internal organ damage
- CRPS
- Drowning
- Paraplegia and quadriplegia
- Coma
- Death
These injuries may cost thousands of dollars to treat and recover from. If you were hurt because of the negligent action of another party at a swimming pool, it is recommended that you get appropriate legal representation and file a claim for compensation.
What Should I Do After A Private Pool Accident?
If you have been involved in a private pool accident, is important to get your bearings straight so you can protect yourself and get started on a claim.
The first step you should take is to determine what kind injuries you suffered, how damaging they are, and whether not you will be able to go anywhere yourself without assistance. You should go to the doctor or get medical help form the paramedics regardless to ensure that you are properly treated for the damages. You can hold on to these medical notes and receipts showing that you were hurt and that you paid for help.
Next, you should take pictures of the injuries you suffered, the damages or defects on the pool, and other photos that would highlight the accident’s causes and consequences.
There may have been eyewitnesses at the pool, like other swimmers or those tanning, who saw the incident occur. You could ask them for their statements and testimonies to add to your claim to provide additional perspectives to your case.
If the accident happened at a facility you paid for, such as a spa or a hotel, you should file an incident report with the manager and explain the cause of the accident. You should not accept any compensation, reimbursement, or other payment from the facility to try and appease you, as this may negatively impact your right to compensation. Also, you should print out any receipts and credit card statements you have if the accident happened at a business.
You should get any relevant contact information, insurance information, and other details from the property owner so that you can file a claim with the insurance company.
Finally, it will be in your best interest to hire a skilled private pool accident attorney who can handle your case for you. You may not have the legal experience required to deal with the lawsuit, and the stress and time that are needed may cause your injuries to worsen and your state of mind to diminish. An attorney can assuage these issues and work hard to win your claim.
How Can I Provie Negligence With A Premises Liability Case?
If you were hurt at a swimming pool, you can file a premises liability lawsuit against the property owner. To do so, you must only prove one of these three points. They are as follows:
- The property owner caused the pool hazard or defect
- The property owner knew about the issue and did nothing to fix it
- The property owner did not know about the hazard but should have been reasonably aware of it
The majority of claims fall under the third point, as most property owners do not meticulously investigate the pool to ensure that it is safe. You must also be aware of your status. If you are a customer of some kind at a facility, you are an invitee, and are thus afforded the highest degree of care. Social guests are known as licensees and are expected to have a reasonable amount of knowledge of the property and should be trusted to not injure themselves. Trespassers, however, have no legal right to be on the property, but it is still illegal to lay traps to hurt them.
If you were hurt at someone’s private residence, you will likely file a claim with their homeowner’s insurance. Other accidents that happened on facility grounds will be filed with the company’s insurance provider.
For help proving your premises liability case, contact our firm today.
What Is The Deadline To Sue For A Private Pool Accident?
In California, the statute of limitations for personal injury claims or premises liability claims is 2 years from the date of the injury. If you do not file a claim within this period of time, your lawsuit will be voided and you will not be able to win any damages in the future. There are a few ways in which this statute can be extended, though.
If you were under the age of 18 years old, the statute does not need to be followed until you turn legal age, as minors cannot sue. Further, if you were left physically or mentally incapacitated after the incident, you can wait until you return to functional health and presence of mind before you take action, as you need to be aware of your actions and consequences. Additionally, the defendant must be present in the state; if he vacates or leaves, the statue is suspended until he returns.
What Can I Win In A Private Swimming Pool Accident Lawsuit?
Your lawsuit can earn you a fair amount of compensation. The types of damages you can receive include the following:
- Medical expenses from the past and future
- Property damage
- Lost income from the past and future
- Pain and suffering damages
- Wrongful death expenses if a loved one died in the incident
– Average Value of Grocery Store Slip and Fall Injury Settlement Amount
The value of your case will be determined by the insurance agent handling the claim. He will look at the extent of the damages you suffered, how much of an impact they had on your life and career, and whether or not you were partially responsible for the incident. If you were not badly injured and you could have prevented the accident, you may not receive a large offer.
Select Our Firm
Normandie Law Firm can provide you with the best private swimming pool accident attorneys in the state. We have years of experience handling these kinds of claims and our expert attorneys have won millions of dollars for our clients throughout the years. We know the best tactics to succeed. Our attorneys are willing to go to court and are known for being aggressive and relentless in their pursuit of compensation.
Call our law offices for a free legal consultation to discuss your claim and learn more about what the legal process consists of. We will tell you what we think your case is worth and what it can result in. We will also give you more details on our zero fee guarantee, which states that we receive nothing unless and until we win your claim. If we lose, we take no money at all. you do not have to worry about your savings being touched.
Contact Normandie Law Firm today for more assistance suing for a private pool accident.
