If your child is disabled because of a swimming accident, you should contact a lawyer who is licensed to practice in the state the accident occurred in. Swimming pool laws and the responsibilities of private and public pool owners and managers, differ from state to state. It is a good idea to talk to a lawyer who is already familiar with how to protect innocent children who are disabled in accidents, and who practices in the area or near it to where your child’s tragic accident occurred.
It does not matter whether your child was injured in a crowded public pool teaming with shouting kids horsing around, or if he or she slipped out of your sight for a moment and wound up in a neighbor’s pool, you and your child may be entitled to compensation for their injuries. You may be entitled to compensation for:
- Medical expenses – past and projected
- Emergency room and/or hospitalization fees
- Doctor visits
- Medication and treatments
- Full-term caretakers and facilities
- Emotional counseling
- Loss of quality of life
- Assistive technologies
- Adaptive housing
- Pain, suffering and emotional trauma
- Lost wages because of caring for your child
Pool owners have a responsibility of protecting visitors and the public at large when they decide to take on the responsibility of pool ownership. If your child was injured because of the negligence of a pool owner or manager, or the negligence of a lifeguard or other staff that they hired, you may be entitled to compensation for your child’s injuries. Holding a pool owner responsible may not be just a benefit for your injured child it may also prevent other accidents from occuring in the future.
Contrary to common beliefs, it is not as common for children to get injured in crowded public pools. According to the U.S. Product Safety Commission:
- 27% of children who suffered injuries while swimming were at public pools when
these injuries occurred
- 47% of children who suffered swimming pool injuries were at private, residential
- There is no data for the other 23%
If a pool owner or manager does not maintain their pool up to the safety and standard codes that they are supposed to be, they may be liable for the injuries a person suffers from while in their pool or spa. They may be held accountable under premise liability laws through a personal injury lawsuit. If a plaintiff (and his or her lawyer) can prove that a pool owner was negligent in the maintenance, upkeep, and safety standards of their pool area, they may be entitled to compensation for their injuries. If the injured person is a child, the parents and in some cases, other family members may be entitled to compensation for the child’s injuries.
It does not matter whether your child was injured while playing with a friend or by themselves. It does not matter whether or not the injury occured while you child was in our out of the water. It does not matter if your child was hurt because of malfunctioning or dangerous pool equipment. It does not matter if you were in the pool area when your child’s injury occurred. Pool owners are supposed to ensure the safety of their pool areas to prevent unnecessary accidents from happening and your child may be entitled to compensation for their injuries.
If your child is disabled because of a swimming accident, contact Cohen & Cohen for a free case evaluation.