When a swimming pool accident occurs, the damages can be life-changing
Adults and children alike can be injured in accidents at the swimming pool. Sometimes, these accidents result in death. Whether an accident results in injury or death, the victim and/or his or her family can experience a significant financial burden, including medical bills, lost wages, funeral expenses, and the loss of the victim’s contributions to his or her household. If an accident occurs because of another party’s negligence, that party may be held liable for the victim’s damages. Our team of experienced Toledo personal injury lawyers at Groth & Associates help victims of swimming pool accidents and their loved ones pursue the money they deserve through personal injury claims.
Common Injuries Sustained in Swimming Pool Accidents
Many different injuries can result from a swimming pool accident. Some are injuries that can occur in any type of accident, such as broken bones, strains, and traumatic brain injuries. Others, such as accidental drownings and injuries caused by pool filters and vents, are unique to swimming pools. According to the Centers for Disease Control and Prevention, approximately 10 people drown accidentally every day in the United States. Drowning is the fifth leading cause of unintentional death in this country.
For a free legal consultation with a swimming pool accident lawyer serving Toledo, call (419) 930-3030
Causes of Swimming Pool Accidents
Swimming pools and their surrounding areas can harbor many injury hazards to swimmers. When a pool owner fails to remove a hazard or adequately warn visitors about it, he or she may be deemed negligent and when a personal injury claim is filed, liable for the victim’s damages. A few examples of hazards that could cause injuries include:
- Broken pool ladders and equipment;
- Uncovered pool filters;
- No lifeguard;
- A lack of fencing around a swimming pool, allowing young children to fall in;
- Water that is dirty or contains too much chlorine;
- Shallow pools that do not have “no diving” signs; and
- Slippery, wet tiles around the pool without adequate warning about slipping hazards.
Personal Injury Lawyer Near Me (419) 930-3030
Swimming Pool Accident FAQs
I was injured in a hotel pool, can I sue?
Yes, if the pool or surrounding area was defective. Hotels and motels owe their customers a duty of care. Because they are accepting your money, they should inspect their premises to find defects and then fix them. If they can’t make the pool safe, they should immediately shut it down and warn guests not to use it. Any motel or hotel that fails to use reasonable care is liable when their guest is hurt in the swimming pool.
Can my child sue if they were trespassing when they fell into the pool?
That’s a possibility. Generally, property owners don’t owe trespassers any duty of care. The law only requires that they avoid intentionally injuring a trespasser, but they don’t need to cover their pool or make it safe. The law is different when a child is trespassing. Children who are drawn onto property by an attractive nuisance—like a swimming pool or hot tub—might sue if they are hurt because the property owner didn’t take reasonable steps to make the property safe or protect the child.
I was hurt in a public pool; what are my options?
It’s possible to sue the City of Toledo for failing to maintain its pools. We strongly recommend contacting Groth Law. In Ohio, suing a government agency or city brings with it certain challenges. Our law firm has the experience you need to sue the government successfully.
What is cerebral hypoxia and can my loved one recover?
This type of brain injury stems from a lack of oxygen to the brain. It is also called an “anoxic brain injury.” Typically, a person suffers this in a near-drowning accident. Although they don’t die, the oxygen is cut off from the brain for several minutes, which leads to the death of brain tissue. Anoxic injuries are very difficult to recover from because dead brain tissue does not regenerate. Many people end up with permanent disabilities and might need lifelong medical care. You should work with an attorney who has deep experience with catastrophic injuries such as these to fully evaluate your claim.
Can I sue for a hot tub injury?
Usually, yes. If the property owner did not use care, then you can sue if you are hurt. For example, the owner might fail to cover the hot tub, and a trespassing child falls into the water. Or the water in a hotel hot tub or jacuzzi could be so hot that you suffer second-degree burns. Hot tub accidents present many of the same issues as swimming pool accidents.
Can I sue my neighbor for failing to supervise my child?
It depends on the facts. Other people are not automatically responsible for watching your children. There must be a duty in law. For example, your child might show up at a friend’s house uninvited. Adults have no automatically accepted responsibility for watching your child.
However, remember that pool owners must keep the premises reasonably safe for any child who might trespass, so your case might turn more on the hazard on the property which injured them.
Our diving board just snapped—can we sue the manufacturer?
Possibly. Manufacturers are liable when they sell hazardous products to the public and someone gets injured. The diving board might have had a manufacturing or design defect which made it vulnerable and caused it to fail. We want to know more about the accident. You must have used the board properly if you hope to sue. Reach out to an attorney and remember not to toss the diving board in the trash. Our firm will want to inspect it.
What are our rights if a family member died in a pool accident.
You might have the right to bring a wrongful death claim in Ohio. We need to analyze them based much as we would if your loved one lived. In particular, we want to know what made the swimming pool or surrounding area dangerous. We also need to know what actions your loved one took in the moments leading up to the accident. Wrongful death lawsuits are complicated. Because your loved one has passed, important evidence is harder to find. Call us to speak with our Toledo swimming pool accident lawyer.
How We Can Help you Recover
When you are recovering from an injury sustained in a swimming pool accident, negotiating with an insurance provider and keeping track of multiple deadlines can be too much for you to handle. When you work with an experienced personal injury lawyer, you can focus on your physical recovery while your lawyer handles your financial recovery. Your personal injury settlement can include compensation for the following damages:
- Your medical care;
- Your current and future lost wages;
- The emotional suffering you faced during recovery; and
- Intangible expenses like mobility aids and over-the-counter pain medication.
If you or your child have been injured in a swimming pool accident, contact our team at Groth & Associates today to discuss your case with one of the experienced Toledo swimming pool accident lawyers at our firm. We proudly serve clients in Bowling Green, Fremont, Toledo, and the surrounding region. Contact our firm today to schedule your free initial consultation with us to determine the best way we can help you.