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Swimming Pool Accidents

Every day, about 10 people die from unintentional drowning. Of these, two will be children aged 14 or younger. For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries. *

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 who to turn to for help.

We can help you

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.

The attorneys at Nash & Franciskato will examine the facts and advise you on your legal options.

Have questions? Our team is here to answer them for you.


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.

  • A child can drown in less than five minutes. It takes only two inches of water and it can happen in complete silence.
  • Drowning is the fifth leading cause of unintentional injury death for people of all ages, and the second leading cause of injury death for children ages 1 to 14 years.

Common swimming pool accident injuries in addition to drowning include:

  • Slip and fall injuries
  • Diving board injuries
  • Electrocution
  • Infections
  • Head, neck and back injuries
  • Spinal cord injuries

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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

Swimming Pool accidentsPremises 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, the attorneys at Nash & Franciskato will gather evidence demonstrating the responsible party knew of the hazardous conditions and did nothing to remove the danger or warn users, looking at factors including, but not limited to:

  • Dangerously designed pools
  • Defective/broken gates and latches
  • Diving board and other swimming equipment
  • Inadequate warnings, safety marks or fencing
  • Drains and/or faulty valves or other defective parts in the pool
  • Inadequate pool maintenance or inadequate pool lighting
  • Training of pool staff and/or lifeguards

Need Additional Information?

Let us help you understand premises liability. Contact us at (877) 284-6600.


Dedicated Kansas City Personal Injury Attorneys on Your Side

At the Nash & Franciskato Law Firm in Kansas City, we know how to build a case that addresses your full range of injuries. With our personal injury attorneys, you also will have:

  • Over 80 years of combined experience
  • Trusted legal advisor committed to your needs
  • Free, no-obligation review of your case
  • Super Lawyers for over 10 years
  • The AV Preeminence Rating for Ethical Standards & Legal Ability
  • Compassionate advocacy for you and your family

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.

Contact Us for a Free Review of Your Case


*Source: Centers for Disease Control and Prevention

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