There are numerous ways for an injury to occur around a swimming pool. One of the most common is falling on the concrete surrounding the pool.
How Do I Bring a Swimming Pool Claim?
A swimming pool lawsuit is often filed against the manager or owner of the establishment. This can be a hotel, a community pool or a home. The basis of a swimming pool claim is that due to the negligence of another, someone died or was injured. The lawsuit asks for compensation for the injuries or wrongful death of the injured party.
Common Injuries in a Swimming Pool
There are numerous ways for an injury to occur around a swimming pool. One of the most common is falling on the concrete surrounding the pool. This frequently results in lacerations and bruises. However, it can cause fractures. Defects in the wiring and a faulty drain can cause injuries and deaths.
Severe Injuries Around or in a Swimming Pool
Drowning can occur when a person gets cramps and cannot swim. However, drownings and near-drownings can occur due to negligence. Occasionally, a diver can plunge into shallow water and cause brain injuries or death. Many people drown each year, and 20 percent of them are children. Electrocution happens more often than many think, particularly when the owner fails to have electrical pool devices checked and updated. A lack of drain covers can cause horrific injuries if the swimmer gets too close to them.
The Type of Swimming Pool Affects a Claim
When someone drowns or is injured in a privately owned pool, a lawsuit is filed against the owner. However, if the homeowner has pool insurance, a claim can be filed against the insurance company. The manager of an apartment may also be included in the lawsuit as could a hotel.
When the claim is filed, it is a premises liability lawsuit. This type of tort argues that the owner or manager must do everything in their power to keep people safe on the property.
Publicly owned pools are a little different. Here the pool accident is filed against a government entity, which is a complex situation. For instance, the deadline to file against the government entity might differ. Although other forms of negligence might be involved, lack of lifeguard supervision is a very common reason for the claim.
Compensation
The following damages can be recovered:
- Medical costs: This covers all the current medical expenses due to the swimming accident. If the injured party has long-term issues that require additional medical care, that too is covered. Sometimes, a person who suffers a near-drowning develops serious brain injuries. This requires future at-home care. That too is covered.
- Lost wages: The wages lost due to the accident are recoverable. This includes perks of the job as well as bonuses.
- Jobs in the future: If you are permanently unable to work, you’re able to collect the wages you would have earned until retirement. If you need to work at a lower-paying job, the difference between your former wage and the new one is collectible.
- Pain and suffering: This is the emotional and psychological trauma a person experiences due to the accident.
Wrongful death in a Swimming Pool Accident
If an individual dies in a swimming pool accident, it is possible to file a wrongful death lawsuit if negligence is involved. Expenses that are covered in a wrongful death lawsuit are:
- Funeral and burial expenses are recoverable
- Wages the victim could have earned had they lived until retirement
- Loss of support the deceased would have provided
- Loss of consortium if the decedent’s spouse joins the lawsuit
- Loss of inheritance the family members might have received
- Loss of the funds to pay for jobs the deceased would have done such as child rearing, yard work or tax preparation
Roeser Law Firm
If you have been hurt in a swimming pool accident, call the Roeser Law Firm. We can be reached at (202) 660-4070 or online. We will set up a free case review to go over your claim. Remember, you pay no fees unless your case is resolved successfully.
