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Swimming Pool Accidents

“A child can drown in less than five minutes. It takes only two inches of water and it can happen in complete silence.” (Consumer Affairs.com). Every year hundreds of children drown in swimming pool accidents and thousands more go to the emergency room with serious injuries, sometimes even fatalities, from preventable accidents.

Major Swimming Pool Risk Factors

Children, especially young children, are quick. In seconds, they can be out of your sight and somewhere else. And when that somewhere else involves a pool, tragedy can strike. Children are curious and young children don’t understand the dangers of water.

Many swimming pool accidents happen because pool owners haven’t complied with all the standards for construction, maintenance, and supervision of the pool. Accidents might be due to malfunctioning swimming pool equipment such as slides, broken diving boards, swimmers diving into too shallow water, and negligent supervision.

Injured in a Swimming Pool Accident?

When a swimming pool accident results in serious injuries or an unintentional drowning, you may not know what your legal rights are or what expenses may be covered by a pool’s owner. The attorneys at Nash & Franciskato will examine the facts and advise you on your legal options, looking at factors including, but not limited to:

  • Dangerously designed pools
  • Defective/broken gates and latches
  • Diving board and other swimming equipment
  • Drains
  • Training of pool staff and/or lifeguards

Does Premises Liability Apply to Your Swimming Pool Accident?

Under premises liability, a pool’s owner could be held liable due to negligence or failing to take proper precautions. This might include things such as:

  • Lack of safety fencing or barriers to the pool or other safety measures
  • Failure to mention hazards in the area, such as broken gate latches or broken glass
  • Failure to maintain the pool and keep it in good repair

Premises Liability refers to the set of laws used to determine who is liable when a particular condition or use of a building, land or other premises causes an injury. Stated broadly, a pool owner’s duty is to make the pool reasonably safe for anticipated use. For instance:

  • Pools open to the public are typically required to do a reasonable job in maintaining and repairing the pool so that those using it are not injured.
  • When a pool is on private property, an owner’s duty is to warn swimmers of any dangers not obvious to the average person.
  • When it comes to young children, owners need to prevent access to the pool so that these youngsters can’t get to the pool.

If premises liability applies, your attorneys will gather evidence demonstrating the responsible party knew of the hazardous conditions and did nothing to remove the danger or warn users.

Receive a Free Evaluation from Swimming Pool Accident Attorneys

Unfortunately, young children tend to be the victims in many swimming pool accidents and when the accident results in death, no amount of compensation can ever make up for your loss. However, it is important for you and your family to understand your legal options and obtain legal advice as soon as possible in order to preserve evidence. Contact a dedicated Kansas City legal team who understands swimming pool accidents for a free, no-obligation case evaluation.

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Related Content:

Swimming Pool Risks, Safety & Liability. Bottom line, know the risks and take safety precautions before hitting the swimming pool. Read the full post.

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