Each year, hundreds of people die in swimming pool accidents, with many victims being young children. A recent study found that drowning is among the most common cause of death of children between the ages of 1 to 4-years old. While lakes and oceans may seem like the environments where drownings occur most often, the reality is that swimming pools often see a majority of drownings compared to any other locale.
Even non-fatal accidents in swimming pools can have serious, life-altering consequences. Drowning injuries can cause irreversible brain damage, while physical injuries can include concussions, fractures and sprains from slip-and-fall accidents poolside.
If you or a loved one has been injured or killed in a swimming pool accident, Cap & Kudler is here to help. With years of experience representing victims across all areas of personal injury, our attorneys are standing by to help you through the aftermath of a swimming pool accident.
Swimming Pool Accident Statistics
- From 2005-2014, there were approximately 3,536 fatal unintentional drownings annually across the United States—equaling about ten drownings per day.
- About one in five people who drown are children under the age of 14.
- For every child that unintentionally drowns, about five more receive emergency room care for nonfatal submersion injuries.
- Nearly 50% of drownings occur in in-ground pools, while 19% occur in above-ground pools.
- 48% percent of drownings occur in residential pools (owned by self or neighbors), while 20% occur in public pools or spas.
- Males ages 0-14 years old comprised approximately 70% of unintentional children drownings that occurred in 2016.
Liability for Swimming Pool Accidents in Nevada
Nevada law makes it every pool owner’s duty to ensure the safety of their swimming pools, and doing so can require a variety of actions to ensure that swimmer safety is a priority. While not all swimming pool accidents are preventable, many more are when proper measures are taken by pool owners to safeguard swimmers.
All pool owners should routinely inspect their pools for hazards, maintain proper chemical levels and schedule repairs as needed in order to best protect swimmers against the hazards of an ill-maintained pool. Other ways of improving pool safety include:
- Ensuring proper adult supervision at pool parties or in waterparks;
- Hiring a lifeguard;
- Installing a security fence with a locked gate, and/or an alarm;
- Covering the pool when not in use;
- Repairing or replacing broken drain covers;
- Posting signs to prevent slip-and-fall or diving accidents;
- Installing nonslip pool deck surfaces; and
- Scheduling repairs/performing maintenance as necessary.
It does not matter if you are swimming in a neighbor’s pool or at a hotel—all pool owners owe similar duties of cares to guests and swimmers who use their pools. Failure to fulfill these duties (and subsequent accidents that result) constitute as negligence under Nevada’s premises liability laws, and can result in a lawsuit if injury or death occurs.
When Can I Sue for a Swimming Pool Accident in Las Vegas?
When a victim is injured or killed in a swimming accident, a personal injury or wrongful death lawsuit can be filed in order to recover certain damages from the property owner or party responsible for the accident. This can include property owners (if the incident took place in a public pool) and even homeowners who own a private pool.
Damages recoverable in a swimming pool accident lawsuit include:
- Medical bills;
- Occupational or physical therapy;
- Lost wages/lost earning capacity;
- Pain and suffering;
- Loss of consortium; or
- Wrongful death.
Our experienced and compassionate attorneys can help you determine whether another party is responsible for a drowning or other swimming accident in Las Vegas. Because pool owners are required to ensure that their pools are safe for use, failure to do so can be grounds for a lawsuit if (and when) an accident does occur.
For more information about swimming pool accident claims or to discuss your case with a compassionate Las Vegas personal injury attorney, contact Cap & Kudler today to schedule a free consultation.