It’s summer! With school being out on summer break and temperatures rising, many flock to cooler waters such as oceans, lakes, and pools. Swimming pools are meant for fun activities, full of relaxation and exercise. However, in the blink of an eye, one can experience distress, cramps, and other injuries that can lead to drowning. That is where swimming pool accidents can occur.
Swimming pool accidents are a serious issue in the country. In fact, drowning is one of the top five causes of injury resulting in death in the United States. There are about ten people daily, who die from swimming pool accidents.
But who is responsible when you are involved in this kind of accident? There are many different circumstances that play into liability after these kinds of accidents. But it is important to remember that you have rights, no matter the situation. If you want to know what to do after any kind of swimming pool accidents, continue reading to learn about your rights.
Who is Responsible for A Swimming Pool Injury or Drowning?
Accidents relating to injury or drowning depend on the nature of the accident. At times, even the events occurring immediately after can affect the responsible party. Generally, accidents occurring in or near swimming pools are known as premise liability claims.
Premise liability results from negligence when a property owner or establishment fails to provide caution or care. Failure to provide proper care may result in serious injuries. A property owner has the duty to maintain a hazardous-free environment, properly list regulations and possible dangers, and inspect for dangerous conditions that could result in harm.
Causes for Swimming Pool Accidents
Injuries can occur in any kind of pool, including residential, commercial, community, or public pools. Major causes of swimming pool accidents are due to:
- Lack or improper fencing to cover the pool area;
- Failure to provide safety signs around the pool;
- Negligent supervision;
- Inadequate trained lifeguards;
- Lack of maintenance around the pool;
- Dim lighting around the pool;
- Defective rescue equipment.
The property owner, product manufacturer, groundskeeper, and lifeguard on duty must act with a high degree of care. They must take reasonable precautions to ensure the pool is safe for users. If a drowning or accident does occur, life-saving equipment and procedures need to be immediately available and properly used.
Time Limitations on Drowning Claims
All personal injury and wrongful death lawsuits have a statute of limitations. There is a time period fixed by law in which a claim or lawsuit must be filed. If the matter is not filed within the allowed time frame, the claim or lawsuit may be forever barred.
For example, in California the statute of limitations to file a personal injury claim is two years from the accident. However, in Washington State, one has three years from the date of injury or death. Always make sure to check the state regulations in which you live. However, a lawyer would be able to help you with this.
Injuries or Drowning Occurring on Public Property
With drownings or injuries occur in city or community pools, claims that are filed are generally made against government entities. Such organizations have specific notice requirements. In particular, there are some public entities that give one as short as six months to file a claim. Once the entity has reviewed your claim, a written response will provide notice with the additional time frame given to file your lawsuit.
Contact Experienced Swimming Pool Accident Attorneys
If you or a loved one has suffered an injury in a swimming pool accident, there is help available to you. Sweet Lawyers have represented victims and their surviving relatives to recover justice and compensation deserved. With nearly 45 years of experience, let award winning lawyers fight for you every single minute of the day.
Call us today for a free consultation at (800) 674-7854. We are here to help you.