Can I File a Claim for an Injury at a Swimming Pool? Essential Guide

What starts as a fun day at the pool can quickly turn into a nightmare, swimming pools, while enjoyable, can pose serious risks of injury.

Swimming pools are a haven of recreation, exercise, and relaxation, but they can also be extremely dangerous. Swimming pool accidents happen every summer in Canada, and they have a tendency to leave the victim with medical expenses, lost wages, and traumatic injuries.

If you or a loved one has been hurt at a swimming pool, you may find yourself wondering: Can I sue for an injury at a swimming pool?

The answer will depend on the circumstances surrounding the swimming pool accident, the legal liability of the pool owner, and whether there existed negligence.

This guide explains under what circumstances you may be entitled to a swimming pool accident claim, what are common causes of pool injuries, and how your personal injury lawyer can help you recover reasonable compensation.

Common Aquatic Accident Causes

Pool accidents also take place at public and private pools. Pool owners are obligated to provide a safe environment and guard against accidents.

The likelihood of injury is greater when the appropriate safety equipment, pool rules, or supervision are missing.

Certain common causes of swimming pool injury include:

• Slip and fall injuries from slippery surfaces in the pool area.
• Diving accidents from diving boards to shallow water or shallow end.
• Broken bones and head injuries from dangerous pool toys or absent safety equipment.
• Near drownings caused by lack of supervision or defective swimming aids.
• Pool entrapment in in-ground swimming pools through malfunctioning drains or suction systems.
• Water park injuries with dangerous slides or pool water hazards.

Swimming Pool Slip and Fall Incidents

Slip and fall are some of the most common pool injuries. Wet floors around the pool can cause a variety of injuries ranging from broken bones, spinal cord injury, to head injury.

In a personal injury case, an owner of a pool is at fault if there is an accident caused by their failure to clear obstacles, fit a non-slip floor, or provide warning notices.

Diving Boards and Pool Slides

Diving accidents are particularly hazardous. Diving into shallow water on diving boards or pool slides generally results in catastrophic injuries like head injury, spinal cord injury, or paralysis.

Swimming pool owners have a duty to keep diving boards and slides, suspend them over deep water, and post evident pool rules to prevent accidents.

Pool Entrapment

Pool entrapment is a situation in which an injured party is trapped by powerful drains within an in-ground swimming pool. Such fatal injuries can cause brain injury or death as long as medical assistance is not given in time.

Fitting suitable drain covers and safety devices is a legal duty on all swimming pool owners. Failure to do the same may put them under legal action and a swimming pool injury claim.

Negligence of the Pool’s Owner

Every pool owner—private pools, public pools, water parks—has a legal responsibility for creating a safe environment. If the injury claim proves that negligence on the part of the owner caused the accident, the victim may file a personal injury action.

A few instances of negligence are:

• Neglect to repair broken safety equipment,
• Neglect to provide proper supervision of children,
• Neglect to fix slippery floors,
• Neglect to monitor pool rules or ban unsafe pool toys.

Examples of Negligence That Lead to Swimming Pool Accidents

Swimming pool injuries usually happen due to negligence on the part of the operator or owner of the pool. Neglecting to create a safe environment can lead to severe injuries.

When the owner of a pool neglects their obligation to create a safe environment for swimmers, the victim may be able to recover in a swimming pool injury claim.

Examples of negligence that often result in catastrophic injuries at private and public pools are given below.

Poor Maintenance

Faulty diving boards, cracked tiles, defective pool lights, or defective safety equipment can all result in swimming pool accidents.

Poor maintenance of pool water treatment can even transmit infection or disease.

Not keeping a pool well maintained leads to accidents such as slip and fall accident or fractured bones, for which the pool owner can be legally held accountable.

A Lack of Supervision

Children are especially vulnerable to water accidents. Without lifeguards or proper supervision, it is possible to suffer near-drowning, brain damage, or even death.

A pool owner who is negligent in public pools or fails to enforce pool rules in private pools can be held liable for the ensuing injuries.

No Warning Signs

Warning signs for shallow water, slippery surface, or banned diving zones should be posted to prevent accidents.

Without obvious and visible signs, swimmers may unknowingly risk exposure to spinal cord injury or head injury from diving accidents. Not posting or ignoring a warning sign can increase strength in a swimming pool injury claim.

Failure to Follow Safety Protocols

It is the responsibility of pool owners to have rules enforced and create barriers, alarms, and other protection to prevent accidents.

Being lax on safety precautions, such as not putting a fence around an in-ground pool or not restricting access to pool toys or swim aids, will result in devastating injuries, exposing the pool owner to liability.

When Should You File a Claim for a Swimming Pool Accident?

If you or a family member has been injured in a swimming pool accident, you need to seek out a claim right away.

The sooner you do it, the better, since evidence at the site of the accident such as photographs of the pool deck, safety equipment, or lack of adult presence can support your case.

Filing a claim for an injury from a swimming pool allows the victim to start pursuing compensation for medical expenses, lost wages, and pain. Since such injuries like broken limbs, spinal cord damage, or brain damage leave residual effects, it’s best to seek your rights of law early enough to protect your rights.

How Our Personal Injury Lawyer Can Help with Your Claim

Handling a swimming pool injury claim is stressful, especially when you are handling an insurance company that will try to reduce your compensation.

Our personal injury attorney has a proven track record of helping injured clients receive fair compensation for pool injuries that occur due to negligence.

We provide a free consultation to review the circumstances of your accident and explain the best possible course of legal action.

From asking if the pool owner was negligent in their legal obligation to gathering proof and negotiating with insurance companies, we fight to obtain for you the maximum compensation.

Book a free consultation today with our experienced lawyers and get the guidance you need to file an accident claim for your swimming pool injury.