Swimming Pool Accidents
While swimming pools are the source of enjoyment and relaxation in the heat of the summer months, serious and fatal accidents are surprisingly common, especially among young children. In fact, on a yearly basis in the United States, residential swimming pools claim the lives of over 300 children between the ages of one and four. Although home swimming pools are the most common place for children in this age group to drown, 19% of such fatalities occur in public pools with a trained lifeguard on duty. Overall, children are 14 times more likely to die in a swimming pool accident than in an automobile accident. Swimming pool accidents also encompass a wide range of other scenarios including diving board accidents, slip and fall accidents, injuries relating to suction drains, and much more.
If you or a loved one has suffered any type of injury due to an accident at a swimming pool, you may be entitled to compensation. Please contact our Boston personal injury lawyers at our Boston, Cambridge, or Quincy office today at 617-225-2100 for a FREE evaluation of your case.Different Types Of Liability Exist In Swimming Pool Accidents
Liability relating to swimming pool accidents generally falls under three categories. Under premises liability law, property owners are responsible for placing barriers to protect the public from features of their property that may be considered an attractive nuisance (something on the property that appeals to children and poses hidden dangers).
Recent legislation has identified the risks associated with owning a swimming pool. The Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act requires that all residential swimming pools have either a four-foot-high wall surrounding the pool, an approved pool cover, self-locking gates at all access points, or an alarm system. An owner who fails to comply with these regulations will be held liable for any resulting injury. Under products liability law, the owner of the pool is liable for any defective equipment, including gates, decks, ladders, and drains. In public pools, a common cause of injury or drowning relates to children getting caught in faulty suction outlets.
The recently passed Virginia Graeme Baker Pool and Spa Safety Act prohibits the sale of filters and covers that are not properly certified and requires all public pools to have equipment intended to prevent death due to entrapment. Finally, negligence liability covers any action (or inaction) taken by the owner that may have contributed to an injury or death. For example, at a public pool, an inadequately trained lifeguard, overcrowded conditions, or murky water may be significant factors in determining fault. At a residential pool, an owner who fails to cover the pool, leaves a gate unlocked, or has improperly marked the shallow and deep end may be at fault.Who Is At Fault?
Risks involved in swimming pool accidents are severe, and may include brain injuries, paralysis, or death caused by drowning. Since several different categories of liability are available, responsibility varies depending on the nature of the accident. A very broad list may contain property owners, landlords, and condo owners for premises liability. The manufacturer or contractor may be at fault for creating or using defective products. Lifeguards, babysitters, or any other party listed above may have acted negligently in keeping watch or failing to adhere to proper safety regulations.
The Boston personal injury attorneys at Bellotti Law Group, P.C. will carefully examine the accident and its surrounding circumstances, to determine the best course of action to help you recover. Damages may be awarded for present and future medical bills, lost wages, wrongful death, pain and suffering, and much more depending on the circumstances. Our personal injury lawyers have decades of experience representing clients who have suffered an accident in or around a swimming pool. Contact us today for a free consultation at 617-225-2100.