Although summer is reserved for fun days at the pool, tragedy can strike at any given time. Even a lovely day filled with fun at the pool can become a nightmare when an accident occurs. Risks of fatal drowning or a devastating injury exist in both private and public swimming pools in Connecticut.

If you or a loved one has suffered an injury or death in a drowning accident, speaking with an experienced CT personal injury attorney will give you some clarity about what to do. The personal injury lawyers at Brandon J. Broderick, Attorney at Law can answer your questions and help you decide what steps to take next.

Read further to find out more info about filing a swimming pool accident claim or lawsuit.

Swimming Pool Accidents: Who's Most At Risk?

Children, especially very young children, are most at risk for unintentional drowning, according to the CDC. Drowning is actually the leading factor of deaths for children aged 1-4, other than birth defects. Another fact is that 80% of drowning victims are men, with the main cause being a lack of swimming skill, regardless of age or gender.

Furthermore, accidents around the swimming pool result in injuries at a rate that is about five times higher than accidental drownings. A near-drowning episode usually results in permanent injuries like traumatic brain injury or life-threatening lung infections. These severe injuries usually require extensive rehabilitation, and in many cases, ongoing medical attention.

Victims of swimming pool accidents and the people close to them must deal with physical recovery, mental and emotional distress, as well as worry related to the cost of the necessary medical care. Although money cannot alter the outcome of an accident, questions concerning litigation and wrongful death claims are frequently asked by accident victims and their families.

Public and Private Pool Liability

In most cases, if there is an accident in the swimming pool, the property owners are responsible. This is true whether the incident took place in a public pool, a private home, or a private club. However, not all accidents are the fault of the property owner. The condition of the pool, the specifics of your accident, and the reason you were on the property will all factor in whether or not the property owner can be held liable in the state of Connecticut.

Connecticut has laws in place governing premises liability which oblige all property owners to take necessary precautions for the protection of their guests. Any property owner who hosts guests is required by these laws to provide ordinary care, and this includes both private and public pools. Specific safety guidelines must be followed and met by the property owner. If they fail to do so and someone is hurt, the property owner may be held accountable under premises liability laws.

One example is that the pool owner is required to have a fence around the pool that complies with state regulations, watch over chemical balances, maintain cleanliness, and remove any hazards from the pool deck. It does not, however, automatically entitle you to damages if the owner does not adhere to these rules. This depends on why you are on the property.

INVITEE

You were an invitee if you were in a public pool when the accident occurred. With this designation, the pool owner has a higher responsibility of care. The owner must correct any dangers, uphold safety standards, and conduct routine property inspections to look for potential hazards in accordance with rules governing premises liability. Owners may be held responsible for any injuries if they neglect to perform inspections or maintenance and someone is hurt as a result.

LICENSEE

Licensees are those who enter private property for social purposes. You might fit into this group if you attend pool parties as a guest. In this case, the property owner is required to alert you to any hidden dangers that they may be aware of. If the property owner fails to issue a warning and you are hurt, you may be entitled to compensation.

TRESPASSER

A property owner's only obligation to a trespasser is to prevent intentional harm to them while they are on the premises. This implies that trespassers typically cannot hire a personal injury lawyer to file a lawsuit for injuries they received while trespassing. However, in some circumstances, property owners may need to alert trespassers to any concealed dangers. For instance, if the pool owner is aware that the neighbors frequently trespass into the yard to use the pool, they have a duty of care to alert the intruders to any defective equipment, such as a diving board.

Accidental Drownings and Wrongful Deaths

Young children are most at risk of drowning, which can quickly claim a life. The family figures out how to continue on without the drowning victim. Even those who survive a drowning can suffer life-threatening injuries. Permanent brain injury can occur minutes after someone stops breathing or if their oxygen level drops.

You may be eligible to file a wrongful death claim if a loved one drowns. Hiring a wrongful death lawyer can help you through this process.

Contact The Leading Connecticut Personal Injury Lawyers

Our Connecticut personal injury attorneys have been helping clients with pool accident injuries for decades. We have helped victims in recovering a variety of damages, including restitution for lost wages, future and existing medical expenses, rehabilitation, and noneconomic losses.

Contact the team at Brandon J. Broderick today to discuss the specifics of your case. We offer free consultations and work on a contingency basis.


Posted by: Brandon J. Bro…
Date: Tue, 06/13/2023 - 15:03

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