Few things are better than jumping into a pool on a warm summer day. Sadly, when business and property owners fail to provide the maintenance, supervision, and security needed to maintain a safe environment, days at the pool can turn tragic.
In this article, we’ll explain the basics of swimming pool injury and drowning claims. Using this information, you can determine if your specific situation requires the help of a swimming pool accident lawyer:
What Type of Claim Do I File for a Swimming Pool Accident in Colorado?
If you or a loved one has been hurt in a swimming pool accident, you may be wondering what kind of legal claim to file. In most cases, your swimming pool accident lawyer will help you file one of three types of claims:
- Premises Liability Claim – This is the most common type of claim for pool accidents. Property owners must keep their pools safe by fixing broken fences, cleaning slippery surfaces, and putting up warning signs (at public pools). If a pool is not properly maintained or secured, the owner can be held responsible for any injuries sustained by people using the pool.
- Personal Injury Claim – You would likely file a personal injury claim if you were harmed due to the negligence of someone at the pool but not because the pool was poorly maintained. For example, if you were swimming and someone dove onto you without looking and broke your arm, you would file a personal injury claim.
- Wrongful Death Claim – If a loved one drowned because of someone’s failure to maintain a safe environment, you may be able to file a wrongful death claim. These claims help families get financial support after a tragic loss. The total compensation may include funeral costs, loss of income, and compensation for emotional suffering. A wrongful death claim is filed by a close family member, like a parent, spouse, or child.
In some situations, more than one type of claim may apply. Contact a swimming pool or drowning accident lawyer to find out which case fits your scenario.
Common Causes of Swimming Pool Accidents
The circumstances that caused a swimming pool accident can help determine who is liable for damages. Some common causes of swimming and drowning accidents include:
- Lack of supervision – When children, elderly people, and inexperienced swimmers are left unsupervised, they have a much higher risk of drowning. One study listed in the National Library of Medicine found that a lack of supervision was a contributing factor in 94% of child drowning cases. If a drowning accident happens because of poor supervision, either the homeowner or the facility owner can be held liable.
- Unsafe pool design – If a person invites children over to their home, they must make sure their pool is fenced or otherwise inaccessible. Public pools must have fences, alarms, and anti-slip surfaces. If these safety features are missing, the property owner may be responsible for any swimming pool accidents.
- Faulty equipment – Broken drains, ladders, or diving boards can lead to serious injury. The pool owner has a responsibility to keep their pool in good condition, and can be held liable for failing to do so.
- No warning signs – If there are no “No Diving” signs or depth markers at a public pool, visitors have a much higher likelihood of accidentally injuring themselves. When someone gets injured due to a lack of signage, the owner of the pool facility is likely liable.
Damages Covered by a Pool Accident Settlement
Drowning and near-drowning injuries can cause brain damage, memory loss, or even coma. Even seemingly minor accidents can result in severe injuries that cost thousands of dollars to treat. The high costs of medical treatments following pool accidents can put families in a financially precarious position.
A drowning accident lawyer can help you seek payment for:
- Emergency room and ambulance fees
- Hospital stays and surgeries
- Physical therapy or rehabilitation
- Counseling or mental health services
- Prescription medications
- Pain and suffering
- Medical equipment like wheelchairs or breathing machines
In fatal drowning cases, families may also be able to recover money for funeral expenses and loss of future income. No amount of money can bring back a loved one, but a strong legal case can hold the responsible parties accountable, supporting you in healing and moving forward.
Get Help from a Colorado Swimming Pool Accident Lawyer at McDivitt Law
If you or a loved one was injured in a swimming pool accident, don’t wait to file a claim. The faster you speak to a drowning accident lawyer at McDivitt Law, the sooner we can assemble a case to win you a fair settlement.
Get the compensation and support you deserve. Schedule a free consultation with a swimming pool accident lawyer in Colorado today.
