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Even though swimming pools are supposed to offer idyllic relaxation, dangers lurk for the unwary, often because of someone’s negligence. According to the Centers for Disease Control (CDC), around 3,500 people die every year in unintentional drowning accidents (non-boating related) in the United States — about ten deaths per day. The great majority of them happen in and around swimming pools.
Owners and operators of pools and water parks have a legal duty to protect the safety of all guests; this applies to both public pool owners and homeowners who have one in their back yard. This responsibility involves preventing (and warning of) hazards and assuring that guests do not behave in a dangerous manner. When pool owners do not meet that duty, it can be grounds for a premises liability claim by those who are injured. Generally, though, public – and apartment – pool owners have an even higher duty to protect than homeowners do.
There are more than 10 million swimming pools in the United States, in many different venues:
At Guajardo & Marks, we have represented many clients in Dallas, Fort Worth and North Texas who have suffered injuries and wrongful deaths, including those from swimming pools. We understand how these traumatic events affect both the injured victims and their families.
Victims of swimming pool accidents can suffer a wide range of injuries. Slip-and-fall accidents can result in broken bones, soft tissue injuries and severe head trauma. In the most extreme cases, a person can die from drowning or be permanently disabled from a near-drowning. In these cases, we help surviving family members seek fair and full compensation.
Swimming pool accidents are quite common. They happen in all different types of situations. One of the more frequent non-fatal injuries is traumatic brain injury (TBI). It often happens when a swimmer dives into a pool and hits his/her head on an object (the pool wall, bottom, a ladder or drain) or another person. The diver may not even appear to be injured, but hours or days later complain of symptoms or even collapse. Other pool accidents due to negligence include:
Over the years we’ve learned that the most common causes of swimming pool accidents are owner negligence and defective pool or spa parts. Negligence can occur when a pool is not properly secured or maintained, or if children in the pool are not being supervised. Virtually all DFW communities have gate ordinances that are meant to keep small children away from swimming pools unless accompanied by an adult.
If you have been injured in a swimming pool accident, or if your child (or another family member) drowned due to some form of negligence, compensation comes from an insurance company that provides the public pool or homeowner with liability coverage. If the owner of the pool is a municipality or other governmental entity, suing that entity for injury-related damages can be complicated, requiring especially experienced law firm.
After a swimming pool accident – especially if small children were injured or a near-drowning occurred – damage requests can be higher than an average personal injury claim. Dealing with insurance companies that resist or wholly deny your claim is why a seasoned swimming pool lawyer needs to be representing your interests and those of your family.
In addition to compensation for physical damages, the loss of income (including future earnings) and the mental and emotional trauma suffered by victims of life-changing swimming pool injuries can be profound and permanent. Some TBI victims need a lifetime of professional care, extensive rehabilitation and perhaps the use of expensive assistive technologies, specialized mobility equipment, and supplemental communication devices.
The seasoned injury attorneys with Guajardo & Marks aggressively represent swimming pool accident victims against the forces that work to deny their rightful legal compensation claim or lawsuit. If you or a family member is injured from a swimming pool accident, contact us today by filling out our online contact form or calling us at 972-774-9800 to schedule a free consultation.