Swimming injuries can e devastating, especially for young children. It is imperative that public pools have lifeguards or those who can supervise the areas to prevent drowning and other injuries. The pools should be well-maintained by the county or city and there should not be any glaring defects or hazards present. Public pools get a lot of use, so it is no surprise that there is also a fair amount of wear and tear. It is also harder to inspect public pools when they are often occupied. If you or a family member has been injured in a public pool accident, you should sue the responsible party for financial damages. Our team of expert lawyers at Normandie Law Firm has handled numerous pool accident claims throughout the years, and we are the best option for litigation for your case.
Public Pool Accident Causes
Public pool accidents can have many different causes. It is important that you and your family practice caution when swimming at a public pool. The more careful you are, the less likely it is that you will be injured. Some of the causes of public pool accidents include:
- Lack of lifeguards or supervision, which happens when the facilities are understaffed and not enough lifeguards are present or on shift. Additionally, lifeguards could be poorly trained and not be able to help individuals who are drowning or in need of assistance.
- Slip and falls, which are often the result of excess water, spills, or improper ground materials. There is always water near a pool, and signs all prohibit running. However, people can be injured even by walking and they may trip or slip on a crack, an item, a raised edge, a slope, or a wet surface, resulting in a fall either into the pool or next to it.
- Chemicals and cleaning materials, which are constantly used in public pools because of the high amount of users. Public pools are often cleaned with chemicals and have a fair amount of chlorine in the water to encourage sanitization. However, sometimes janitorial staff may overdo it and put too many chemicals, which can cause skin irritation and allergic reactions. You must be especially careful if any bleach is used to clean a pool.
- Diving board accidents, which occur usually because of a broken, slippery, or defective diving board. The board may break while in use or it may be excessively slippery, which could cause a swimmer to prematurely fall off and hit his head or change the trajectory and angle of his fall. Other diving accidents happen without a diving board, such as when a swimmer jumps directly into the pool’s shallow end, which may not be marked. He can severely injure himself in shallow waters, or even on other swimmers if he is not careful.
- Broken or defective pool products and equipment, such as ladders with steps that are not connected to the bars, stairs that are cracked, drainage and filters that are excessively sharp or broken, malfunctioning floatation devices and buoys, and other issues.
- Electric defects, which are caused by motors, filters, and other devices near the pool. It can be extremely dangerous to be hurt by an electric device because of the impact electricity has on wet surfaces. Severe or fatal shocks can occur.
- Overcrowding, which may result in distressed or injured swimmers not getting the help they need from lifeguards or not being noticed in time to prevent damages or drowning.
- Assaults and general injuries, which may happen when other individuals at the park harm you, jump on you, run into you, run into your path and cause you to fall, and much more.
Even though you may be as careful as possible during your swim or during your excursion to the public pool, there is still the opportunity for accidents and incidents to happen. You should be adequately prepared to go to the doctor as quickly as you can if you are hurt at a pool.
Public Pool Injuries
You should do all you can to avoid injuries at the swimming pool. It is imperative that you do so to ensure that your health is top priority. If a property owner is negligent, he could wind up severely damaging you, whether by negligent inaction or unawareness. Some of the pool injuries we have seen include the following:
- CRPS
- Broken bones
- Sprains
- Dislocations
- Fractures
- Torn muscles
- ACL, LCL, MCL, and other knee injuries
- Nerve damage
- Hip injuries
- Lacerations
- Abrasions
- Cuts and bruises
- Concussions
- Traumatic brain injuries
- Closed head injuries
- Brain damage
- Facial damages
- Scarring
- Drowning
- Paraplegia
- Quadriplegia
- Coma
- Death
Serious injuries should be immediately treated at the emergency room to prevent long-term damage. If you are hurt at a public pool, you need to call for help immediately.
How To Sue A Public Pool For Injuries
In order to sue a public pool for injuries, you must establish that you were owed a duty of care that was breached in some manner that resulted in an accident and physical injuries. You also have to show that you were involved in a premises liability claim. Premises liability claims require that you prove one of the following situations:
- The property owner or manager knew about the hazard or defect with the pool and took no action to fix it or provide warnings for it
- The property manager or owner caused the defect himself
- The property manager or owner was not aware of the defect with the pool, but if he had been investigate and attentive, he would have noticed it
Filing a claim against a public pool requires you to sue the county or city. This can be very difficult, which means that you should have ample evidence. Key evidence includes the following:
- Photos of your injuries
- Proof of medical treatment
- Receipts from the hospital to show you paid for treatment
- Surveillance footage showing the incident at the pool
- Eyewitness and bystander testimony
- Photos of the pool and any hazards
It is very important that you get medical treatment quickly after the incident. If you take too long to do so, the insurance agent may be dismissive of your claim.
Once you have collected all of this proof, you can file an incident report with the facility and collect the insurance details. You will have the best chance of success if you go to a lawyer to help you with your case. Too often, individuals will try to handle claims by themselves and not take the necessary action to win. An attorney will represent you and bring your case to the level it needs to be to succeed.
Statute of Limitations on a Public Pool Lawsuit
If you wish to sue a public school for injuries suffered in an accident, you will have a limited time to do so. If you wish to file a product liability case for a broken pool item or for damaged equipment, you will have 2 years to do so, but if you hold the facility, county, or city accountable, you will not have the standard 2-year limit that is typical of personal injury claims. Instead, you will have 6 months from the date of the injury to sue. If you do not sue within this short window, your claim will be thrown out and you will not be able to get any compensation for your damages.
There are a few exceptions to this rule, though. The window is very short, so any extensions will benefit you. If you were underage at the time of the accident, you could wait until you turn 18 years old to sue. You also may have been left in a physical or mental state of incapacitation, such as a coma or nervous breakdown. You can sue and follow the statute once you return to health. Additionally, if the defendant is not present in the state, you will not be able to sue until he returns, so the deadline will be extended.
To ensure that you file your claim on time and you do not miss a deadline, contact our firm.
Compensation from a Public Pool Claim
You are entitled to certain kinds of restitution if you were hurt in an accident at a public pool and the facility could have prevented it or was responsible in some way. You should not be expected to cover these damages yourself. It will be our job to win you the maximum settlement available for your case by negotiating a fair offer from the insurance agent. We will strive to win you the following:
- Medical bills from the past and future for surgery, hospitalization, medication, physical therapy, and more
- Property damage if any of your personal belongings were lost or broken in the incident
- Lost income if you could not return to work because of your injuries, as well as future lost wages if you were left needed recovery time or medical treatments
- Pain and suffering damages for PTSD, anxiety, fear, depression, emotional trauma, and more
- Wrongful death expenses if a loved one died in the incident, such as funeral and burial expenses, pre-death medical bills and pain and suffering, loss of consortium, loss of expected income and inheritance, and more
You should not worry about payments and debts if you were injured in an accident at a public pool. The facility should be held accountable and made to pay off your expenses.
Why Choose Us
Normandie Law Firm is renowned for being one of the most successful law firms around. We have decades of combined experience in personal injury law and our swimming pool accident lawyers are able to win any case regarding public pools. We know the ins and outs of the law and will work tirelessly to defend your claim and receive restitution you deserve.
For a free legal consultation, call our law firm today. We are available around the clock and all of your personal information and case details will be kept totally confidential. We will also give you our zero fee guarantee if you hire us, which states that your personal finances will remain untouched throughout the case. We will only get paid if we win, and the fees will come from the insurance settlement we win from the facility. If we lose, we receive nothing.
Get in touch with Normandie Law Firm today to file a lawsuit for a public pool injury.
