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Summertime has arrived. The days are longer, the sun is hot, and people of all ages are heading outdoors for fun, and recreation.
Community pools are a great way to beat the heat and can be a place of enjoyment for barbeques, family gatherings, parties, and exercise. And while these pools have all the opportunities for great fun, they unfortunately are also the sites for commons accidents which can result in severe injuries and even death when safety procedures are not followed.
The CDC has reported drowning as the number one cause of death of children between ages of one and four.
Common Reasons for Drownings
Not Knowing how to Swim
Learn how to swim and teach your child how to swim. Children who receive swimming instruction are less likely to drown or suffer a swimming-related injury.
Failure to Properly Supervise Swimmers
Never leave a child unattended in or near water and designate an adult Water Watcher who should not be reading, texting, or using a smartphone.
Alcohol Use
CDC estimates about 70% of water-related deaths with adults involve alcohol. When impaired judgment and a lack of coordination from drinking is paired with the risky environment of a swimming pool, the results can be devastating.
Hazards of pool chemicals
Pool chemicals can cause injury to your skin, eyes, respiratory tract, and digestive system.
People may come into contact by direct contact, inhalation, dust, food contamination.
Your Swimmer Chemical Safety Check!
Look:
Make sure you can see the bottom of the pool. Cloudiness is both gross and increases the likelihood of drowning for young swimmers!
Smell:
Make sure there are no strong chemical smells, which is not a sign of proper chlorination, but rather a sign of contamination.
Check:
Ask to see the water quality results posted at every public pool.
Other Common types of pool accidents
Slip and fall is another common injury type associated with public swimming pools. The areas around a pool can get wet and slippery, being more susceptible and prone to slips, trips, and falls.
Exposure to electrical hazards.
Improper maintenance of pool equipment such as diving boards and pool ladders.
Improperly maintained pool drains, plumbing, decking, fences, locks, and recreation areas.
Use of broken emergency or safety equipment.
Understanding local laws and regulations about swimming pools:
The Virginia Department of Health regulates and sets rules for use of public pools in the Commonwealth.
Water used for public swimming pools must be from sources approved by State Health commissioner.
Nonslip finishes shall be maintained on all pool steps, ladders, or other means of ingress or egress. Pool decks must be nonslip with a smooth finish.
Certified lifeguards with appropriate life-saving safety equipment must be present when pool is in use.
Water filtration systems must operate 24 hours a day during season.
Alkalinity and hydrogen-ion concentration must be maintained 7.2 and above.
Check with your local County for other rules and regulations.
Understanding responsibility in community swimming pool accidents
In Virginia, property owners and operators of swimming pools have a legal obligation and duty of care to ensure the safety of the premises. A failure in this duty may lead to an accident. But, in order to prove that a pool owner or operator was negligent in the operation of their pool, which resulted in your injury, the plaintiff must prove the following:
The pool owner/operator had a duty to provide the care;
The owner/operator breached this duty:
An injury was suffered as a result of this breach; and
The injury was a proximate cause of the breach.
As a member(legal user) of a community or neighborhood pool, the pool owner/operator has invited you to use the pool premises and facilities. The pool owner/operator is providing a warranty that the pool property and facilities are in good working order and safe for your use.
Depending on the specifics of individual circumstances, various parties may be held at fault for an accident.
Contributory negligence
Virginia is one of only a few jurisdictions within the United States in which the law recognizes contributory negligence. Therefore, a plaintiff must be completely free of responsibility to recover on a claim for negligence.
Some accidents are not under the pool operator’s control. Some examples where a swimmer can be contributorily negligent may include: subpar swimming skills using deep end of the pool; lack of supervision, alcohol use; and/or seizure disorders; and failure to follow rules.
Damages from Pool Accidents
Damages from swimming, drowning or pool accidents mirror those of other personal injury lawsuits. Damages awards are intended to reimburse the plaintiff for the economic and non-economic costs associated with their injury:
Medical Expenses – Compensation for costs of emergency care, surgeries, hospitalization, medications, and rehabilitation.
Lost Wages – Compensation for income lost during recovery or due to disability that prevents you from working.
Pain and Suffering – Payment for physical pain, emotional distress, and changes to your overall quality of life following the accident.
Funeral Costs- Wrongful death.
Legal Considerations and the Role of the Personal Injury Attorney
Understanding the complexities of liability can be difficult and working with an experienced personal injury attorney can make a difference in the success of your claim. To have a full and complete picture of your accident claim, I can assist in the following areas:
Evaluating the condition of the pool and surrounding areas, including the pool itself, deck, signs, lighting, and fixtures. Pictures and video are powerful evidence.
Assessing the compliance of the owner, operator, and staff with the State and Local regulations for maintenance, safety, and security.
Investigating the role of supervision of the swimmers and patrons, including the presence of lifeguards.
Analyzing the conduct of all parties including yourself in the occurrence.
Gathering necessary witness statements and medical bills and records.
If you or a loved one has been injured in an accident, help is available. Call me for a free case evaluation. My goal is to provide every client unique high-level customer service with compassion, respect, and honesty. Our office can handle the paperwork, deal with the insurance companies, and aggressively pursue recovery for your claim. Visit our website at www.jgllaw.com, and learn more how you can protect your rights, get the justice you deserve, and receive the benefits you are entitled to.
