Summary: Around 49,500 people go to the emergency room each year with swimming pool-related injuries. These incidents can lead to traumatic brain injuries, drowning, broken bones, disembowelment, and more. In many cases, the pool owner is liable for injuries sustained in and around a swimming pool.
When temperatures climb, a dip in the pool can be a refreshing reprieve from the scorching heat. While pools can bring much-needed relief during the summer months, it’s important to remember that they can also be incredibly dangerous places.
Even with a lifeguard present, there is still plenty of risk at a pool. In fact, 19 percent of drowning incidents involving children occur when there is a lifeguard present. Despite this, 58 percent of parents do not consider drowning to be a threat to their children, with or without a lifeguard.
Each year, around 49,500 people seek emergency medical help for pool-related injuries caused in in-ground and above-ground pools. After a major injury, they need to know how to move forward.
Drowning, slip-and-fall incidents, broken bones? There’s a lot that can happen around a pool. When someone you love gets injured during their time at the pool, who is the responsible party? What steps can you take?
Frequent Swimming Pool Injuries
Each year, hospitals see many kinds of injuries that happen because of incidents involving a swimming pool. Swimming pools can be the cause of all kinds of injuries. Here are a few to be aware of:
- Traumatic brain injuries (TBI): This kind of injury can occur when a swimmer dives into a pool and hits their head. This can also happen during a slip-and-fall incident, or if a swimmer hits their head on a diving board.
- Disembowelment and evisceration: This injury most frequently happens with children sitting on or near a drain portal– it can even happen in a children’s wading pool. Even the slightest change in pressure can lead to a ruptured rectum and major internal injuries
- Spinal Injuries and skull fractures: Spinal injuries and skull fractures often happen when a swimmer dives into a pool and strikes their head on the side or bottom of the pool. They can also happen when a swimmer hits their head, neck, or back on a diving board. Diving accidents cause around 800 spinal injuries every year
- Slip-and-fall injuries: You can slip and fall in a wet, slippery pool area, which can lead to broken bones, neck and back issues, and more.
- Electrocution: Improper wiring of pool lights and other electrical issues can result in electrocution and death
- Chemical Injuries: Pool chemicals cause thousands of injuries each year, mostly in private homes.
- Drowning: Each day, around 10 people die from accidental drowning. 20 percent of those are children aged 14 and under. They may not know how to swim, or they may get their hair, clothing, or limbs stuck in a drain or filter, or some other injury can occur that results in drowning.
Pools and the Attractive Nuisance Doctrine
Pools are what is known as an “attractive nuisance.” What does this mean? Landowners may be liable for injuries to children who trespass on their land if the injury is caused by a hazardous object or condition –like a pool– that is likely to attract children who are unable to fully grasp the risk posed by that object or condition.
Pools can be a magnet for children. But the very thing that makes them appealing also makes them incredibly dangerous. Regardless of the precautions a property owner takes when it comes to their pool, they are still potentially liable for that child’s injuries if that child wasn’t fully aware of the dangers. Even if they are trespassing, children under the age of 6 or 7 can’t be considered negligent because of their young age.
Liability and Pool Injuries
Private and public pool liability law looks a little different. In both cases, premises liability laws usually apply. A pool is considered part of someone’s property, and that makes pools eligible for premises liability rules, which typically apply in a pool-related personal injury suit.
Premises liability makes three distinctions for the kinds of entrants on a property owner’s land, or in this case, in their pool.
- Trespassers do not have permission from the owner to be on the premises or in the pool. Property owners are usually not liable for injuries sustained by trespassers, except for children whose injuries fall under the attractive nuisance doctrine, or in other specific circumstances.
- Invitees in the realm of pools refer to the patrons of a public pool, whether it’s free of charge or there’s a fee involved. Pool owners have a duty to maintain and repair a public pool for invitees so that invitees are not injured.
- Licensees are social guests swimming at a pool on private property. Property owners have a responsibility to warn licensees of dangers that would not be apparent to the average person.
Regardless of whether a swimmer was an invitee, a licensee, or in some unique cases, a trespasser, pool owners have a duty to warn swimmers about the risks associated with their unique pool. If it’s not immediately obvious that a pool is too shallow for diving, or if there are hidden obstructions, it is up to the pool owner to make that information abundantly clear.
Also, pool owners who open up their pool to invitees, including club members or hotel guests can be liable if they do not provide adequate emergency safety equipment, or if their equipment is in disrepair. Large pools that are open to the public may also be liable if they do not have enough supervision or enough lifeguards on duty.
What To Do If You’ve Been Injured In or Around a Swimming Pool
Determining liability can be a tricky thing, especially when it comes to swimming pool injuries. Ultimately, if you or a loved one have been injured while at the pool, a qualified personal injury lawyer can help you determine liability, and help you move forward after your injury.
At McCoy and Sparks, we understand that your injuries can have a serious impact on your life, which is why we listen closely to your needs, treat you like an individual, and help you determine the best course of action following your swimming pool injury. We are here to advocate for you with care and personal attention. For more information on how we can help, contact us today or call 1-844-4KY-WINS.
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