Swimming pools should provide New York families with fun experiences and fond memories. Instead, when an accident at a pool leaves victims with personal injuries or worse, it’s normal to wonder whether taking legal action is the right choice for you.
Swimming Pool Accident Attorneys
The experienced swimming pool accident lawyers at Markhoff & Mittman, P.C. can help you determine whether filing a legal claim and seeking compensation is possible for you.
Establishing responsibility in a swimming pool injury case is much more complex than simply figuring out who owns the pool. Moreover, even if you hold some responsibility for the injury, you may still have a successful claim. Contact our personal injury law firm now for a free case review.
Who Is Responsible When Someone Drowns In A Pool?
When a drowning occurs at a swimming pool or another body of water, the property owner where the accident took place may be legally responsible for injuries sustained by the victims. As a result, they could also be liable for remunerating victims, and their loved ones for damages suffered, whether physical or otherwise.
In many states, there is an implied assumption that the owner has taken measures to ensure the safety of their guests. In addition to safety precautions intended to avoid personal injury, pool owners are also required to take steps in preventing any drowning incidents that may occur.
Common Swimming Pool Accident Injuries
In a pool accident, death is one of the most common outcomes, but it is not the only potential outcome one should be worried about. The following injuries are also to be noted in case of swimming pool accidents:
- Fractures
- A sprain or tear of a ligament
- Bumps and bruises
- Cuts and wounds
- A concussion
- Traumatic Brain Injuries
- A nerve injury
On the list above, you can see personal injuries varying from minor to severe. This might lead you to believe that only the most severe accidents result in lawsuits. However, that’s not always the case.
There are several different kinds of pool accidents that can occur in the different environments where swimming pools exist. However, many fall into a few general categories. These include:
Drownings & Near-Drownings
If going to the pool means spending time with family and friends, there is no worse ending than a drowning incident. Yet every year, swimmers are killed in swimming pools.
Children, in particular, are at greater risk of drowning, so parents often keep a watchful eye. However, drowning remains one of the leading causes of death among children nationwide.
The difference between near-drowning and drowning is that it does not result in death for the victim. Although this may seem fortunate, a near-drowning injury victim can suffer severe brain damage that may permanently affect not only their own lives but also the lives of their loved ones as well.
Swimming Pool Slip & Fall Accidents
If you are familiar with slip and fall accidents, you will not be surprised to learn that they are quite common in swimming pools. In fact, whether you were a child or an adult, you have probably fallen in a swimming pool area in the past.
This is primarily because the surfaces surrounding swimming pools tend to accumulate water. Although slip-resistant materials are often used when constructing these areas, water accumulation can still constitute a slip hazard.
In the same way that children can slip, fall and keep playing as if nothing happened, an adult may suffer an injury from such an accident and have to undergo surgery.
Pool Drain Entrapment
Pool drains and suction pumps that have been not properly regulated have been implicated in several gruesome pool deaths.
According to one wrongful death lawsuit, a young girl’s hair became trapped in a hot tub drain, leading to her death. According to another lawsuit, a boy’s arm became trapped in a drain and, although he survived, he sustained irreparable brain damage.
Legislation has been passed with the purpose of preventing these tragedies in the future. Federal agencies, such as the US consumer product safety commission, have also put in place regulations aimed at preventing such catastrophes.
Because of these measures, swimming pool accidents have decreased substantially, but that doesn’t mean all risks have been eliminated.
Getting Compensation After A Swimming Pool Accident
Generally, any type of pool accident that causes one person to suffer some form of injury can give rise to a swimming pool accident lawsuit.
The legal basis for such claims is premises liability. These laws say that the owners of the property, which in this case is the pool, have a responsibility to protect those using their facilities.
In the event of hazardous conditions, the owner must correct them in a reasonable amount of time. If the owner knows about the dangers and the injuries are caused nonetheless, they can be held liable for damages by a court.
How Much Is A Swimming Pool Injury Lawsuit Worth?
It is impossible to assign an average dollar value to a pool accident claim before it is litigated; the types of compensation that a victim and their immediate family may be entitled to depend on the specific circumstances of the incident.
Typically, the swimming pool injury attorney or law firm handling the claim will calculate the specific damages, which will include medical bills, lost wages, loss of personal income, loss of future income, diminished quality of life, pain and suffering, future medical expenses, and more.
You can increase your chances of compensation by working with an experienced swimming pool accident lawyer. However, no lawyer can guarantee a positive outcome. Instead, they can only point to their past successes to demonstrate what they’re capable of.
New York Swimming Pool Accident Law Firm
Contact the personal injury lawyers at Markhoff & Mittman, P.C. today for a free case consultation. Our team will explain the legal options available to you. In this manner, you’ll have all the necessary information at your disposal before having to make such a critical decision. We only accept cases on contingency – this means that if you work with us, you will not owe any legal fees unless your case is successful.