Swimming pool accidents are very common in the United States. The Centers for Disease Control (CDC) reports that approximately 3,500 people die from drowning accidents each year. These accidents are mainly due to slips, falls, and improper diving. Swimming pool accidents can occur in public or private pools or even at a private residence.
Many swimming pool accidents occur when property owners fail to take necessary safety measures as required by the law.
1. Lack of supervision
Lack of supervision is a very common cause of swimming pool accidents especially when young children are involved. When a lifeguard doesn’t have the proper training, or there is no lifeguard on duty chances of an accident occurring are high.
The Centers for Disease Control and Prevention statistics indicate that about 70% of swimming pool deaths involve alcohol. When you are intoxicated, you suffer from impaired judgment and a lack of co-ordination.
3. Defective Equipment
Pool equipment needs to be functioning properly at all times. Defective equipment can cause serious accidents or even death. Federal law requires that all pools should be equipped with anti-entrapment devices to prevent a swimmer’s clothing or limbs from being trapped in the drain.
An accident is more likely to occur when pools are damaged. Damaged floors can create a tripping hazard resulting in slips and falls. An unmarked or non enclosed swimming pool can also be quite dangerous to young swimmers.
Premises liability law dictates that a property owner should be held liable for all injuries caused due to a dangerous or hazardous condition of the property that the owner knew or should have known about. The property owner should take reasonable precautionary measures to protect anyone using the property. A property owner can be held liable for:
Negligence is failure to do what a normal person would do. Various people may be held liable if their negligent acts lead to an accident or drowning. An employer may be held liable for a lifeguard’s negligence. Equipment installers are liable for wrongly installed equipment. Different states have enacted laws that state requirements and restrictions in the construction of residential swimming pools. This may include perimeter fences and locked gates. Failure to do this can have the property owner charged for negligence or strict liability.
A manufacturer or seller of a defective swimming pool or equipment may be held strictly liable for the defective product and be held responsible for any accidents or death caused by the part.
If you have been injured or have had a loved one drown in a swimming pool. Call our law firm today 1-888-HDZLAW-8
We offer free consultations. Alex R. Hernandez Jr. PLLC
921 N. Chaparral Suite 100 Corpus Christi, Texas 78401Phone: 361-792-3811