Tucson Drowning Accident Attorneys
Lakes, beaches, swimming pools, and hot tubs all pose a threat to people around them. While they can be a great way to unwind, get some exercise, and cool off in Tucson’s warmer months, they can also be very dangerous, particularly to children. Not only can a drowning or near-drowning occur, but other injuries can occur as well, especially in a slip-and-fall on a wet pool deck.
When these accidents do happen in Tucson, it’s important to know who may be at fault and that compensation may be available for victims.
Below are some of the most common places people swim in Tucson, along with who may be responsible for the accidents or injuries that occur there.
- Private pools. This is the location that most people think of when they think about drowning accidents. Private pools at someone’s home can be a great source of fun, but the homeowner also has to be very careful when people are in his or her pool, as he will ultimately be held responsible for any accidents. In Tucson, there are strict requirements all owners of private pools must adhere to. Supervision is a must when children are swimming in the pool, and must be provided by the homeowner any time his pool is in use.
- Hotel swimming pools and hot tubs. Hotels, even those that are franchised or part of a big chain, all have a private owner. Because the hotel is private property, even though members of the public enjoy it, the owners of the hotel carry the same responsibilities that private homeowners do in ensuring that everyone who uses their pools and hot tubs is kept safe.
- Public swimming pools. Public swimming pools are open to members of the public during select seasons, and they are often owned by the City of Tucson. Sunnyside Pool and Clements Pool are two examples of this. Being owned by Tucson does not exempt them from liability for what happens within the pool area, but it does make it more difficult to pursue a case for compensation. Lawsuits against government entities have reduced timelines and special rules that apply, so accident victims who have been injured in a public pool need to speak to an attorney right away.
- Lakes, beaches, and other open swim areas. Areas that are considered “open swim” can be privately owned, such as when a family has a private beach on their cottage property; or they can be publicly owned by the City of Tucson, such as Kennedy Lake and Silverbell Lake. If privately owned, the property owners could be held responsible, similar to when a drowning takes place on a homeowner’s property. But like other public swimming pools, when the accident occurs on government-owned property, there are special rules when filing a claim.
While adults and children alike can suffer injury in swimming pool accidents, there are special provisions in Tucson for children. These include things such as providing supervision for any child near a body of water, but also Tucson’s attractive nuisance law.
The attractive nuisance law states that homeowners will be responsible if a child wanders onto their property and slips, falls, drowns, or has another accident in or around the pool. The idea behind this law is that children cannot be held responsible for their own safety, and pools can look especially attractive to children.
Because of this, pool owners must ensure that their pool:
- Is closed off from the public,
- Has a self-latching gate that cannot be opened by a child,
- Has gates, fences, and walls surrounding the pool on all four sides that are of a certain height to ensure a child cannot climb over them.
This is all considered "reasonable care" that pool owners must take to ensure there are no child injuries in or around their pool.
All pool owners must keep the pool area free of puddles and other hazards that could cause accidents such as slip and falls. When the pool owner neglects to take the reasonable care needed to keep everyone safe, he or she may be held liable for injuries and be forced to pay compensation to the injured parties.
If you or a loved one has been injured in a drowning, near-drowning, or slip-and-fall accident in or around a swimming pool, lake, beach, or hot tub, contact a Tucson personal injury lawyer at The Husband and Wife Law Team at (520) 624-4228. We know how devastating these injuries can be, and how they can saddle a family with large expenses at the time when they are grieving or recovering. Call us today and we will work hard to ensure you get the compensation you deserve.