Most swimmers know to exercise personal safety around the pool. However, pool owners also have a duty to ensure their pool is safe to use. If a pool owner does not provide adequate care and supervision to swimmers, they can be held liable if someone is injured or killed in a swimming pool accident.
Victims of swimming pool accidents in Michigan can recover compensation for their injuries with the help of Cochran, Kroll & Associates, P.C. Our legal team has represented a wide variety of personal injury cases, including swimming pool accidents, and will seek to obtain the maximum settlement for your damages.
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Common Causes of Swimming Pool Injuries
Many swimming pool injuries and deaths result from the pool owner inadequately maintaining or supervising the pool. Some of the most frequent sources of injury include:
Falling on Slippery Surfaces
In-ground pools are typically surrounded by stone or tile surfaces, which become wet and slippery as people use the pool. Walking at a normal pace can prevent most injuries, but it’s common for people, particularly children, to run around the pool. They may slip on the wet surface and fall, suffering broken bones, a concussion, or a TBI.
Broken or Dangerous Equipment
Pools often feature diving boards, slides, ladders, and other permanent equipment. If these features are incorrectly installed and maintained, they can break while in use, potentially leading to serious injury. For example, a loose ladder can cause a guest to lose their balance when getting out of the pool, causing injuries.
Broken or Poorly Sealed Drains
Most pools contain filters or drains to remove debris from the water. If these drains malfunction or are not correctly sealed, a swimmer may be trapped by the drain if the force captures their hair, hands, or feet, causing severe injury to internal or external organs or leading to drowning.
The ZAC Foundation reports that when drain entrapment occurs, it causes serious injury 85% of the time, with 70% of cases happening to young children.
Unclear Depth Markings
Public pools in Michigan must place depth markings to indicate the depth of the pool. They must also place “No Diving” signs in shallow pool sections. If these markers or signs are missing, worn down, or damaged, they pose a danger to swimmers.
For example, diving into the shallow side of a pool can cause a head or spine injury. Additionally, inexperienced swimmers who accidentally enter the pool’s deep end may lose their footing and drown.
Poor Visibility
Contrary to popular belief, drowning is silent. Someone who is drowning will not flail or cry out and is more likely to tilt their head back, extend their arms, and appear unresponsive. Anyone supervising the pool must be able to see who is in the water, as they cannot rely on the drowning victim to draw attention to themselves.
Dirty pool water, incorrect chemical treatment, crowding, or poor lighting can make it difficult to see through the water. This can cause a drowning victim to go overlooked and suffer potentially avoidable injury or death.
Some pool accidents are more serious than others, but most are avoidable. Cochran, Kroll & Associates, P.C. represents victims of swimming pool accidents who were injured due to the pool owner’s negligence. We can examine the circ*mstances around you or your loved one’s accident to determine the cause and help you pursue compensation for the injuries.
Can I Sue for a Swimming Pool Injury?
When a pool owner’s negligence causes an accident leading to injury or death, you have the right to seek compensation from the pool owner. You might file against an individual or against a company that owns or maintains the pool.
While filing against a company that operates a public pool is relatively straightforward, some other lawsuits are not. For example, if the injury occurred in a private or community pool, you would file a claim with the homeowners’ or HOA’s insurance company.
If your child suffered injuries or died after wandering into a pool belonging to a neighbor or family member, you may be able to file a claim even if the pool owner was unaware. Under Michigan’s attractive nuisance doctrine, those who own swimming pools must take safety measures to prevent possible accidents.
For instance, if the owner did not have a fence around the pool to keep young children out, you may be able to seek compensation.
If you are unsure who to file your claim with, the personal injury attorneys at Cochran, Kroll & Associates, P.C. can determine who is liable for your injuries and help you file your claim.
What Damages Can I Claim After a Swimming Pool Accident?
Depending on the injuries you sustained in the pool accident, you may be able to claim different types of damages. Most accident victims have the right to file for compensation for their medical expenses. Some victims also choose to pursue damages for pain and suffering or to file a claim for wrongful death if they lost a loved one to a pool accident.
The damages you are eligible for depend on your case. The attorneys at Cochran, Kroll & Associates, P.C. can review the facts of your claim and determine what damages you can recover.
Schedule Your Free Consultation With Cochran, Kroll & Associates, P.C.
At , we believe that you should be able to swim without fear of injury. If you or a loved one were injured in a swimming pool accident, our legal team will carefully review the facts of your case, collect evidence of the pool owner’s negligence, and help you recover the compensation you deserve.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
