Swimming Pool Injury Attorney
Leading Illinois Swimming Pool Injury Lawyer
Swimming pool injuries often end in tragedy that impacts a wide circle of family members and friends. The death of a child is something that no parent will ever fully overcome.
Other swimming pool Accidents, such as traumatic brain injuries, lacerations, and broken bones all have serious consequences, too. If you or a loved one suffered any type of swimming pool injury or crash, the property owner, whether a neighbor or a city recreational center, may be found negligent, and therefore liable for medical expenses, lost wages, pain and suffering, and more. To discuss your options with an experienced Illinois swimming pool injury lawyer, the lawyers of Owaynat Law are here for you. We have successfully represented many pool crash victims, and we can help you, too.
Categories of Swimming Pool Injuries
Swimming pool Accidents happen to people of all ages. While children are the most likely to drown in a pool, young and old adults alike can perish when pool conditions are unsafe. Other Accidents, such as broken wrists and back injuries can also occur when the pool area is not maintained. The following are some common pool-related injuries:
- Traumatic brain injury;
- Spinal cord injuries;
- Spinal column injuries, such as a fractured vertebrae or herniated disc;
- Fractured limbs;
- Broken ribs;
- Torn ligaments; and
- Facial injuries.
There are generally two types of swimming pool injuries. The first, and most likely to be fatal, is a drowning. Drownings occur due to:
- Lifeguard negligence or absence;
- Parental/adult supervision negligence or absence;
- Uncovered pool;
- Drain suction holds the victim down;
- Improper fencing surrounding the pool or an improperly latched or closed gate;
- Dangerous pool design or improperly maintained pool, such as not having stairs, a ladder, or a ramp with a hand railing to exit or enter the pool; or
- Slippery surfaces that can cause a fall into the pool and subsequent drowning, often coupled with a head injury.
The other main cause of swimming pool crash is due to a slip, trip, and fall. Falls occur when the pool deck surface is slippery or cluttered, when adults allow children to run around and roughhouse unsupervised, or when walking surfaces are left in disrepair. Cracked tiles and cement may not only look bad, but actually pose a threat to safety, as well.
Other Types of Pool Mismanagement Can Lead to Injuries and Illnesses
Another potential area of negligence is improper pool markings and signage, improper depth of a diving board, or not maintained water chemistry. Pools should be accurately marked for depth and display signage regarding no-dive zones, as well as maximum occupancy numbers.
Similarly, diving boards must be in proper working order and only placed in pools deep enough to accommodate a deep dive without exposing users to a brain or spine injury by hitting the bottom.
All public and private pools also need to take into account the health of users by:
- Evacuating the pool when blood, vomit, feces, or other elements contaminate the pool;
- Draining the pool and replacing the water regularly so that mold and bacteria do not grow to dangerous or unhealthy levels;
- Carefully maintaining chemical levels to avoid spreading disease and infections; and
- Not over-chlorinating or overly treating water with disinfectants, which can lead to chemical burns and asthma attacks.
Child Drowning Fatalities Should be a Serious Concern for Backyard Pool Owners in Illinois
Drowning is the leading cause of unintentional death for children between the ages of 1 and 14, according to poolsafety.gov. Nationally, there is roughly one pool or spa drowning death per day for children 14 years old and younger, with 77% of those drowning victims under the age of 5.
There are various requirements depending on the type of home and potential age of children present in the home, but all private residential pools in Illinois must have at least:
- A fence or gate completely surrounding the pool (either four or five feet high minimum);
- A self latching gate;
- The latch must be at least 54 inches off the ground; and
- The gate must open outwards.
Who Should Be Held Responsible for Swimming Pool Injuries?
In the event of a swimming pool drowning or injury, the injured party has the right to file a personal injury claim or lawsuit with the negligent party.
This may be a private resident in the neighborhood, a family friend, or even a relative. To be clear, you will be suing the property owner’s homeowner’s insurance company in most cases, not the person him or herself.
As such, your worry should not be about making an enemy or causing a friend or relative financial strain. If the incident occurred at a public pool, water park, or health club, the negligent party will be that entity, not the individual lifeguard or manager who acted negligently.
All hotels, private pool owners, and water parks are responsible for keeping their pools and surrounding pool areas safe and to code. When they fail to do this, and it causes an injury or fatality, they must be held accountable, regardless of your potential relation to them.
Call an Illinois Swimming Pool Injury Lawyer Today
Victims of swimming pool injuries and their families are entitled to compensation for their losses. These include, but are not limited to, pain and suffering, loss of enjoyment of life, loss of consortium, lost wages, medical expenses, and funeral and burial expenses.