Representing People Injured in Swimming Pool Accidents
Swimming pools provide a great way to exercise and cool off during the summer months. Indoor, heated pools make it possible for Fort Collins people to swim year-round, even when snow is falling and temperatures outdoors are freezing. Swimming pools can also be the location of serious accidents, particularly when pool owners are negligent in ensuring safe conditions.
A day at the pool should never end in injury, must less a death. If you or a loved one suffered a serious injury as a result of a careless property owner’s actions, do not hesitate to contact the Fort Collins swimming pool attorneys at the Tenge Law Firm, LLC. We offer free consultations to review cases with potential clients and, if we choose to represent your claim, we pursue the maximum compensation on your behalf. Contact us at (970) 212-4777 to hold an at-fault property owner accountable for your injuries.
What Types of Injuries Occur at Swimming Pools?
Most swimming pool injuries involve water or slippery, hard surfaces, but can also be the result of poor maintenance and a lack of safety measures. Common injuries that occur in or around swimming pools include:
- Accidental drownings
- Fall-related injuries, such as fractured bones and traumatic brain injuries (TBI)
- Head, neck, and spine injuries from diving into a shallow section of the pool
- Chemical burns from improperly mixed cleaning solution
- Severe contusions and lacerations on damaged handrails or surfaces
Slip and Fall Accidents at Swimming Pools
Areas around pools are common places for slip and fall accidents to occur. Walking surfaces around a swimming pool are typically hard concrete and often wet from splashing water and swimmers climbing in and out of the pool. Poolside slip and fall injuries can be serious, because of the hardness of the surfaces on which victims fall. Not only swimming pool water, but also spilled sodas, ice cream, and sunscreen can contribute to the risk of falling.
Children and the elderly have a particularly high risk for swimming pool slip and fall accidents. They can either fall against a hard surface, causing serious blunt force trauma to multiple body parts, or fall into the pool, resulting in a drowning. Approximately ten people die from drowning every day in the U.S. and two out of ten of these drowning fatalities are children ages 14 or younger, according to a report by the Center for Disease Control and Prevention (CDC). This can occur due to negligent supervision, a lack of or damaged safety rails, and obscured or missing depth signage.
In contrast, even an elderly person with training will have difficulty getting to the surface after a fall if they have mobility issues or if they strike their head on the side of the pool. If a handrail is faulty, they might not be able to easily get out of the pool, especially if they are disoriented. Ensuring that every aspect of a pool is safe for swimmers, no matter the age, should be of the utmost importance to pool owners.
Swimming Pools and Attractive Nuisance in Colorado
Generally, you would assume that injuries sustained on private property, such as a personal pool, cannot be counted towards a personal injury claim if the victim did not have permission to be there. Colorado law does protect property owners from lawsuits made by trespassers in most situations, but children are afforded separate protection under state premises liability laws, specifically the Colorado Attractive Nuisance Doctrine.
Any object or landmark that is likely to cause injury to a child, such as a swimming pool, treehouse, or trampoline. When someone puts an object like this on their property, they are expected to put protective measures in place, such as locking all gates and doors, fencing off the landmark, or storing and locking away the object, like a trampoline. If a child is able to easily access the property and is injured in a private swimming pool, the owner can be held liable for not securing the property.
Proving Negligence and Liability
Ultimately, the individual or company that owns the swimming pool is liable for maintaining the safety of every guest who visits it. To prevail in a premise’s liability claim for swimming pool injuries, you will need to show that the owner or operator of the pool failed its duty to properly maintain or supervise the pool and/or site. You will need to establish that:
- The owner or operator knew or should have known of a dangerous condition.
- Unreasonable risk of serious harm existed.
- No corrective actions were taken by the owner or operator to remedy the problem.
Hazards or dangerous conditions could entail a variety of scenarios, such as:
- Lack of sufficient, qualified lifeguards
- Malfunctioning pool electrical system
- Failure to install necessary fencing
- Failure to erect warning signs where needed
- Improper lighting
- Failure to monitor the pool for safe chemical levels
Why You Need an Attorney
Pool owners and their insurance companies will often deny liability in a swimming pool accident, claiming that the victim lacked proper training, was being unsafe, or was aware of any risks or hazardous conditions. But if an injury or death occurred at their swimming pool as a result of their negligent decisions or behavior, then they can be held liable by the victim or their family.
Premise’s liability claims are complicated matters that require a detailed knowledge of local laws and the determination to investigate every detail. When you contact the Tenge Law Firm, LLC, you will encounter Fort Collins premises liability lawyers who will fully dedicate all their experience to reviewing your case and fighting for full compensation, whether through negotiations or a trial. Call (970) 212-4777 to schedule a free consultation and learn what your rights are in a swimming pool accident.