Phoenix Swimming Pool Injury Lawyers
Any body of water can be dangerous. No one is ever completely safe around a pool, and it is important to exercise caution, especially when there are young children about. If you or a loved one has been injured in a pool accident, call The Husband & Wife Law Team’s premier pool injury attorneys, at (602) 457-6222 to schedule a free consultation.
What starts off as a day of family fun in the sun can quickly turn into a tragedy. Common causes for swimming pool and hot tub injuries include:
- Slips and falls on hard surfaces
- Negligent supervision leading to drowning or near-drowning
- Improper water levels (too low or too high)
- Lack of warnings and posted safety signs
- Missing emergency floatation devices
- Damage to pool exit ladders, creating sharp edges
- Malfunctioning pool lights or devices, leading to electrical injury
- Broken pool drains
Pool and spa drains produce a great deal of suction that can trap a person’s body part, hair, or clothing and hold him or her under water. This type of accident got media exposure several years ago when R&B singer Usher’s 5-year-old son was stuck in a pool drain and nearly drowned.
According to the Pool Safety Council, the drain of a residential pool can produce suction with a force equivalent to a 500-pound weight. This suction power can easily keep a person submerged long enough to cause severe brain damage or death. There have even been cases where a swimmer has been disemboweled by the suction of a malfunctioning swimming pool drain.
There are safety measures that can be installed in pools to prevent drain accidents, such as safer drain covers and drain cut-off mechanisms. Older pools with only one drain are typically much more powerful and therefore, more dangerous. If you own a pool or know someone who does, these safety measures must be installed.
Water and electricity can be a lethal combination, but electricity is fundamental in keeping pools clean and properly functioning. Most pool-related electrocutions involve:
- Plugged-in extension cords, power tools, radios, TVs, or other electronic devices
- Electric pool equipment like pumps, filters, vacuums, pressure washers
- Defective underwater pool lights
- Contact with electrical outlets or switches
- Overhead power lines
People tend to relax and let their guard down when attending a party with friends and family, especially when a hot tub is involved. The relaxed nature of these events increases the chances of burn injuries and other accidents occurring. For more information about the risks inherent in pools and hot tubs and what you can do to prevent swimming accidents, please visit our partner in safety, PoolSafely.gov.
Under the legal tenet of premises liability, the owner of a pool or the person charged with maintaining it can be held liable for accidents that occur at the pool as a result of their negligence. The parties that can be held liable include:
- The owner of the property: A pool’s owner has a duty to keep the pool in a safe condition. This includes getting regular inspections and repairs and keeping hazardous things like electrical appliances away from the water. If the pool is a public pool, the municipality that owns the pool would be the liable party. If the injury happened at a spa, the owner or manager of the spa might be liable.
- The party that built the pool: Parties involved in the construction and assembly of a pool can be held responsible if an error in their work leads to a pool accident. This includes contractors who did the electrical work on a pool and/or hot tub.
- The party in charge of maintenance of the pool: Some accidents can be the result of poor maintenance. If an injury occurs, and it is found that improper maintenance is responsible, those in charge of maintaining the pool or hot tube can be held responsible.
- The manufacturer of faulty pool equipment: Manufacturers of equipment such as pumps, vacuums, heaters, etc., that are found to be defective, causing injury or death, can be held legally responsible to the victim’s family.
If you or a loved one has been injured in a pool accident, you may be able to pursue compensation for the following damages:
- Current medical bills
- Future medical bills related to the injury (reconstructive surgeries, skin grafts, etc.)
- Pain and suffering
- Emotional trauma and mental duress (such as PTSD)
- Costs of physical therapy and rehabilitation
- Permanent injury or disability
- Lost wages (this includes any work missed to go to doctor appointments or go to the hospital for surgery)
- Scarring and disfigurement
- Punitive damages
If a pool accident resulted in the death of your loved one, you and your family may be able to pursue compensation for the following wrongful death damages:
- Funeral and burial expenses
- Medical bills
- Pain and suffering of the victim before death
- Loss of future income
- Loss of future benefits (such as retirement benefits and medical benefits)
- Loss of love, affection, companionship, etc.
- Loss of household duties the deceased performed (such as childcare, chores, etc.)
- Punitive damages
If you’ve suffered an injury or lost a loved one in a pool-related accident, you may be able to take legal action to compensate your medical bills, pain and suffering, lost wages, and more. To secure a settlement worthy of your losses, you’ll want an experienced legal team on your side. Call our Phoenix swimming pool accident lawyers at The Husband & Wife Law Team, for a free consultation at (602) 457-6222.
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During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. All submissions are confidentially reviewed by Mark Breyer.
Confidentially reviewed by Attorney Mark Breyer