Swimming pools are a place for families to escape the summer heat and cool off in the water. They are frequently sites for recreation, exercise, and relaxation. However, both public and private swimming pools may contain a variety of dangers that may result in accidents ranging from minor to fatal.

In Pennsylvania, swimming pool injuries can occur in a variety of locations, including hotels, public parks, water parks, and even private residences. Both public and private swimming pools pose the risk of catastrophic injury and death. In such cases, a person or company may be held liable for the accident. A victim or his or her family may seek compensation for injuries.

If you or a loved one has been injured and you would like to learn more about filing a claim or lawsuit for a swimming pool accident, the Pennsylvania personal injury attorneys at Brandon J. Broderick, Attorney at Law, are available today to address your questions and discuss your specific case.

Who Has the Highest Chance of Having a Swimming Pool Accident?

According to the Centers for Disease Control and Prevention (CDC), children, especially young children, are at the highest risk for accidental drowning. In fact, drowning is the fifth leading cause of accidental death in the United States. Males drown significantly more frequently than females, as 80% of drowning victims are male. A lack of swimming ability is one of the leading risk factors for drowning, regardless of age or gender.

However, swimming pool accidents result in nearly five times as many injuries as accidental drownings. Near-drowning incidents frequently result in life-altering injuries, such as traumatic brain injuries or severe respiratory infections. In many instances, these catastrophic injuries will require lifelong medical care and intensive rehabilitation.

For victims of swimming pool accidents and their loved ones, they must deal with physical recovery, mental and emotional distress, and anxiety over the cost of medical care. While no amount of money will change the outcome of an accident, victims and their families frequently have questions about lawsuits and claims for wrongful death.

What are the Most Frequent Causes of Swimming Pool Accidents in Pennsylvania?

In Pennsylvania, pool owners are required to maintain a safe environment at all times. Serious accidents and injuries may occur if a pool owner fails to make their property safe, and the owner may be held liable. Slip-and-falls, Electrocution, and pool filter injuries are the most common types of pool accidents.

Pool owners must adopt the following safety measures:

• Install appropriate barriers, coverings, alarms, and fencing around your swimming pool.
• Never leave a child unattended near or in the water
• Ensure that guests can swim properly if the pool is too deep for them to stand. Keep guests away from drainage systems and install drain covers.
• Pool ladders should be stowed away when they are not in use. Small children who cannot swim are occasionally drawn to pools. By safely removing the staircase, it is possible to prevent the child from climbing into the pool and injuring themselves.
• Knowing how to perform CPR can be useful in the event that someone is drowning.
• Do not let pool users swim while intoxicated
• Inform swimmers of shallow areas where they cannot dive
• Avoid electrocution by keeping electronic devices away from the pool

Can I File a Lawsuit Following a Swimming Pool Accident?

You must collect as much evidence as possible following a swimming pool accident to improve your chances of succeeding in a personal injury claim. Please complete the following after your accident, if possible:

• Call 911; the police will dispatch an ambulance to the scene and file a report of the accident.
• Obtain the contact information of any accident witnesses. If anyone witnessed the accident, they may be able confirm your version of events, which can be crucial in a personal injury lawsuit.
• Take photographs and/or videos of the hazardous conditions that led to your accident.
• Seek medical attention to ensure that your injuries are treated properly. Request a copy of any important medical records that explain the cause and severity of your injuries.
• Retain an experienced Pennsylvania personal injury lawyer to assist you in gathering additional evidence that may be crucial to the outcome of your claim.

Public Swimming Pool Liability

Pool accidents typically fall into an area of personal injury law called premises liability. Under Pennsylvania law, owners and operators of commercial properties owe the highest level of "duty of care" to customers and invitees to their property. Owners must maintain a very high level of safety around a swimming pool, including adequate warnings about concealed dangers such as shallow water, provide adequate emergency equipment, and repair any damaged equipment. If the business or property owner breached their duty of care, it may be possible to file a lawsuit or wrongful death claim against the responsible party.

Private Swimming Pool Liability

Similar to commercial property owners, private residents owe a duty of care to those on their property if they have been invited.  In this case, the homeowner must comply with any state or local pool safety regulations, such as installing a fence gate and alarm around the pool. Additionally, the owner of the property should warn guests of any potential dangers and adequately supervise guests and the pool area. If the pool owner's duty of care is breached, the victim (or family in the case of death) may file a claim against the private homeowner, renter, or other individual who may have been responsible that day.

Trespassers are the principal exception to a private homeowner's obligation. Uninvited individuals on the property are considered trespassers. The only duty the property owner owes the trespasser is to avoid creating a hazardous situation. However, if the trespasser is a child, the homeowner may be held liable if there is no adequate barrier around the pool.

After a Swimming Pool Accident Occurs, How Does Filing a Lawsuit and the Legal Process Work?

If you or a family member were injured due to someone else's negligence in a swimming pool accident, you should first consult with a PA personal injury attorney. Their knowledge and experience are of great assistance during the legal claim process. In cases of severe injury or death, a personal injury attorney will collect evidence and consult with experts to establish liability and the extent of your injuries.

Pennsylvania has imposed a two-year statute of limitations within which a plaintiff may file a lawsuit. This means that if you fail to file a claim within two years of the date of the accident, you will likely lose the chance to recover the compensation you are entitled to.

If successful, a swimming pool accident lawsuit could result in compensation for medical expenses, lost wages, and pain and suffering. If the prognosis calls for long-term care, compensation should cover the entire duration of the injury. In order to comprehend the total cost of the injuries, it can be crucial to wait until the complete medical outcome is known.

In the event of a fatal accident, surviving family members can file a claim for wrongful death against the responsible parties.

Brandon J. Broderick Can Help You File a Lawsuit for Injuries That Occurred at a Swimming Pool in Pennsylvania

Accidents involving swimming pools are dangerous and demand immediate action, particularly if the accident was caused by another party's negligence. We can assist you if you're dealing with the devastating effects of a swimming pool accident. Our compassionate, seasoned PA personal injury attorneys are committed to providing exceptional client care and litigating your claim aggressively.

Injuries to the head, back, or any other body part sustained in a swimming pool accident must be treated immediately. Please contact us for a free consultation. Many of our clients feel a sense of relief after making their initial phone call.