Swimming Pool Accident Lawyers

Strong Advocates for Victims of Swimming Pool Accidents

At Strong Law Offices, we have sought and obtained compensation for families who have lost little ones due to the negligence of pool owners or the manufacturers of related products. We were recently involved in a large public case regarding pools and child safety. We were successful in winning a large judgment for our clients.​

We investigate each case carefully to ensure that the swimming area was appropriately supervised, and that proper safety equipment was in use. We look for such things as infrared motion detectors, effective and snug pool covers, and even closed-circuit camera systems to keep an eye on activities in the pool.​

Swimming pool cases sometimes turn on premises liability issues. If someone fell by the pool, we look to see if the deck was properly cleaned. Was there a slippery liquid on the surface? Such cases require exhaustive research and emphatic representation. Insurance companies do not wish to pay a dime more than necessary, so it is important to present a strong and persuasive case.

$750,000 Secured for Family of Child Drowning Victim

After a disputed liability claim arose against a daycare center and a local swimming pool following a drowning accident, Strong Law Offices recovered $750,000 on behalf of the child victim’s estate. The insurance carrier argued contributory negligence, while the local government claimed tort immunity and countered that the parents were negligent in overseeing their child. Strong Law Offices faced the challenge of proving willful and wanton misconduct or reckless disregard for the child’s safety. Despite these defenses, Strong Law Offices successfully convinced the jury that the governmental entity failed to meet the required safety standards for lifeguards and pool attendants, ultimately securing a settlement for the deceased child’s estate.

Hire the Springfield Swimming Pool Accident Lawyers Who Produce Results

Contact the Peoria personal injury lawyers today at 309-393-2928. Schedule a free initial consultation at one of our convenient offices in Peoria, Bloomington, Springfield, and Decatur. We are available to meet at your home or at your hospital bed, at your request.

When You Have Been Injured, Get Strong — We Are On Your Side

Swimming Pool Accident Statistics

Every year in the United States, 4,000 people lose their lives in swimming accidents. That’s equal to 11 drowning deaths per day. Another 8,000 people (22 per day) suffer injuries like brain damage, coma, broken bones and contusions. Accidents happen in public pools, private residence pools, motel and hotel pools, hot tubs and water parks.​

Swimming pool accidents in Illinois are especially a safety concern for children under 14. Drowning is a leading cause of accidental death in this age group. The Illinois Department of Public Health (IDPH) and national data from the CDC indicate that drowning is the leading cause of death for children 1-4, and the second leading cause of unintentional injury-related death for children ages 5-14. Despite stringent safety regulations for public pools, including lifeguard requirements and fencing, accidents often result from lapses in supervision and non-compliance with safety measures.

Non-fatal drowning incidents also pose severe risks, leading to long-term disabilities like brain damage and physical impairments. The IDPH stresses the importance of continuous supervision, proper training for pool staff, and strict adherence to safety protocols. Public awareness campaigns and safety education programs are crucial for reducing swimming pool accidents, enhancing water safety knowledge, and ensuring compliance with safety standards in Illinois.

Common Swimming Pool Accident Injuries

Swimming pool accidents can lead to various injuries, ranging from minor to severe, impacting individuals of all ages. Common injuries from swimming pool accidents include:

Drowning and Near-Drowning

One of the most common and serious injuries is drowning, which can result in death or long-term health issues if the person survives. Non-fatal drowning can lead to severe brain damage due to prolonged oxygen deprivation, resulting in cognitive impairments, physical disabilities, and emotional trauma.

Slip and Falls

Slip and fall accidents are also prevalent around swimming pools. Wet and slippery surfaces can cause individuals to fall, leading to injuries such as fractures, sprains, and head injuries. These accidents can be particularly dangerous for young children and the elderly, who are more susceptible to serious injuries from falls.

Spinal Cord Injuries

Spinal cord injuries are another consequence of swimming pool accidents, often occurring when individuals dive into shallow water. These injuries can lead to partial or complete paralysis, affecting the victim’s quality of life.

Cuts and Lacerations

Cuts and lacerations are common due to broken glass, sharp edges, or rough pool surfaces. These injuries can range from minor cuts requiring simple first aid to deep lacerations needing medical attention and stitches.

Chemical Burns

Burns and chemical injuries can occur from exposure to improperly balanced pool chemicals, causing skin irritation, eye injuries, or respiratory issues. Proper maintenance and handling of pool chemicals are essential to prevent such accidents.

Ensuring safety measures, such as proper supervision, adequate signage, and regular pool maintenance, can help reduce the risk of these common swimming pool injuries and create a safer environment for all pool users.

Can You Sue for a Swimming Pool Accident?

You can sue for a swimming pool accident if negligence or misconduct contributed to the injury. Defendants in these cases often include pool owners, operators, lifeguards, or maintenance companies. Legal claims may be based on grounds established through premises liability laws, such as inadequate supervision or failure to maintain safe conditions. A swimming pool accident lawyer at our law firm in Peoria will assess your case and help you navigate the legal process to seek compensation.

Who Is Liable for Swimming Pool Accidents?

Liability for swimming pool accidents can involve multiple parties, depending on the events that led to the accident. Primarily, pool owners, whether private homeowners or public entities, can be held responsible if they fail to ensure safe conditions. This includes maintaining the pool area, providing adequate signage, fencing, and ensuring proper supervision. For public pools, the municipality or organization operating the pool may be liable if they do not meet safety regulations and standards.

Lifeguards and pool operators have a duty to monitor swimmers and respond appropriately to emergencies. If they are negligent in their duties, they can be held liable for accidents. For instance, inadequate supervision or delayed response in a drowning incident could result in legal responsibility.

Maintenance companies responsible for the upkeep of the pool can also be liable if their negligence leads to unsafe conditions. This includes improper chemical balances, faulty equipment, or failure to repair hazards like broken tiles or slippery surfaces.

Manufacturers or installers of pool equipment might be liable if defects or improper installations cause accidents. For example, a defective pool drain cover leading to entrapment injuries could implicate the manufacturer.

Proving Negligence in a Premises Liability Case

Swimming pool accidents typically fall under premises liability law. Proving negligence in a premises liability case involves demonstrating that the property owner or occupier failed to maintain a safe environment, leading to an injury. Four key elements must be established: duty of care, breach of duty, causation, and damages.

1. Duty of Care: It must be established that the defendant owed the victim a duty of care. Property owners have a legal obligation to ensure their premises are reasonably safe for visitors. The level of duty varies based on the visitor’s status (invitee, licensee, or trespasser), with invitees owed the highest duty of care.

2. Breach of Duty: The plaintiff must prove that the property owner breached this duty by failing to address or warn about known hazards.

3. Causation: The plaintiff must establish a direct link between the breach of duty and the injury. This means showing that the accident occurred because of the hazardous condition.

4. Damages: The plaintiff must demonstrate that actual harm was suffered due to the accident. This can include medical bills, lost wages, pain and suffering, and other related expenses.

Gathering evidence is crucial in these cases. This may involve photographs of the hazardous condition, witness statements, maintenance records, and expert testimony. An experienced personal injury attorney at our law firm can help you gather evidence and build your case against the liable party.

What Is My Swimming Pool Accident Case Worth?

The value of a swimming pool accident case depends on the severity of the injuries, medical expenses, lost wages, pain and suffering, and long-term impacts on quality of life. Additional considerations include the clarity of liability and the degree of negligence involved. Consulting a premises liability attorney can provide a more accurate assessment based on available evidence. The attorney will evaluate the damages, gather necessary documentation, and consult with experts to determine a fair compensation amount for your case.

Damages Available in Premises Liability Cases

In premises liability cases, several types of damages may be available to compensate you for the consequences of your injury, including:

• Medical Expenses: This includes costs for emergency care, hospitalizations, surgeries, doctor visits, medications, rehabilitation, and future medical treatments related to the injury.
• Lost Wages: Compensation for income lost due to the injury, including missed work during recovery and future earnings if the injury causes long-term or permanent disability affecting the ability to work.
• Pain and Suffering: Non-economic damages intended to compensate for physical pain, emotional distress, and loss of enjoyment of life resulting from the injury.
• Disability and Disfigurement: Compensation for any permanent disabilities or disfigurement caused by the accident, impacting the person’s appearance or ability to perform daily activities.
• Loss of Consortium: Damages awarded to a spouse or family member for the loss of companionship, care, and support due to the injured person’s condition.
• Punitive Damages: In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the defendant and deter similar future misconduct.

The damages available in your case will depend on the circumstances of the accident. A personal injury attorney at Strong Law Offices can help assess your damages to seek appropriate compensation.

FAQs About Swimming Pool Accident Cases

How Long Do I Have to Sue for a Swimming Pool Accident?

In Illinois, the statute of limitations for filing a personal injury lawsuit, including swimming pool accidents, is generally two years from the date of the incident. It’s crucial to consult with a lawyer promptly to ensure compliance with deadlines and gather necessary evidence for your case.

What If My Child Wandered into an Unattended Pool Without Permission?

It can affect your case if your child wandered into an unattended pool without permission, especially when considering the legal concept of attractive nuisance. Property owners may be liable for injuries to children if they have features like pools that attract children and fail to take reasonable steps to prevent access or make the area safe. The presence of an attractive nuisance could shift responsibility onto the property owner, depending on whether they fulfilled their duty to safeguard against foreseeable harm to children. Consulting with a personal injury attorney is crucial to assess negligence, understand legal obligations, and pursue compensation effectively.

How Much Does a Swimming Pool Accident Lawyer Cost?

Swimming pool accident lawyers typically work on a contingency fee basis, meaning we only get paid if you win your case, usually taking a percentage of the settlement or court award. Initial consultations with Strong Law Offices are free, allowing you to discuss your case without upfront costs.