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Liability in Public Swimming Pool Accidents

Wilmington Delaware Pool Accident Accident Attorney

Under Section 4464 of Title 16 Health & Human Services Delaware Administrative Code, public pools are required to adhere to a number of codes and regulations in the construction, operation, and cleaning of a pool. There are requirements specifying what chemicals must be added to pool water to counteract the degradation of chlorine due to sunlight; what sort of fence must surround a pool; what arrangement of bathrooms must be provided; what sorts of diving boards can be installed; when a lifeguard must be used; and, what sort of filtration system must be used. Consequently, there are a number of issues that must be considered when an accident in a public swimming pool happens.

Determining Fault – Parental Mistake or Public Pool Negligence?

In some cases, especially those that involve slides or slips and falls on the pavement, parents may mistakenly believe it was their child’s fault for not taking proper precautions when using a slide or running to jump into the pool. However, depending on the situation, the fault may lie with the public pool. For example, was the water slide properly functioning? Were there any malfunctioning jet sprays that left part of the slide dry? Was the curvature of the slide up to code? And, were any warning signs posted prohibiting running or jumping into the pool? Was a lifeguard on duty?

Investigating Pool Accidents

Typically, when an injury happens in a public pool that does not involve drowning or a diving accident, it’s unlikely pool operators or authorities will conduct an investigation. Here, it’s important to consult an experienced personal injury attorney who can conduct an investigation to determine if any codes or regulations were violated. For example, depending on the nature of a pool accident, request of maintenance documents, inspection schedules, or lifeguard qualifications can shed light on why an accident happened.

Contact Wilmington Delaware Pool Accident Attorney Michael Hood Today

If you’ve been injured in a pool accident, contact Wilmington swimming pool injury attorney Michael Hood today to schedule an appointment and discuss your case. We can take preliminary steps to ensure an investigation is initiated to protect and preserve evidence and hold negligent pool operators liable for injuries they cause. You can also call our office to schedule a free initial confidential consultation at (302) 777-1000.

Common Causes of Swimming Pool Accidents

The Most Frequent Causes of Swimming Pool Accidents

Everybody likes to go for a swim on a hot day. Unfortunately, a casual swim can too often lead to serious or catastrophic injury. Statistics show that, every day, an average of 9 people drown in swimming pool accidents in the United States. In fact, accidental drowning is the leading cause of death among children under the age of four. This blog looks at the most common causes of swimming pool accidents.

Failure to Provide Proper Supervision

Without a doubt, the single most frequent cause of swimming pool accidents is lack of supervision, particularly in private homes. Too often, parents will allow young children access to a backyard pool without monitoring their activity. But the risk also applies to teens and adults. Many serious injuries and deaths among teens and adults in pools involve people swimming alone. Studies show that it can take less than five minutes for a person to drown in a swimming pool.

Failure to Erect or Maintain Appropriate Fencing or Other Barriers

A swimming pool is typically referred to as an “attractive nuisance” under the law, something that draws the attention of young children, but can be deadly. Most states have laws requiring barriers to access to a swimming pool, but many property owners either fail to erect barriers, or let them fall into disrepair.

Dangerous or Defective Equipment at a Pool

Broken diving boards or ladders have been the cause of many pool accidents. In addition, there can be problems with drains or other water filtration devices that can trap swimmers under water. Broken tiles around a pool can lead to injury as well.

Electricity in Proximity to the Pool

A frequent cause of injury (including death) around a pool, one that is not often considered, is exposure to electrical current. Swimmers may bring stereos or other electrical devices too close to a pool. Unfortunately, water is a great conductor of electricity.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

Swimming Pool Injuries and Accidents

If you have been hurt in a swimming pool accident, or your loved one has died or suffered serious injury at a swimming pool, you want an experienced and aggressive lawyer to protect your interests.

Our Swimming Pool Accident Injury Practice

We handle all types of injury claims arising out of swimming pool accidents, including:

  • Brain injury caused by lack of oxygen from being underwater for too long
  • Spinal cord or other injury from diving accidents
  • Slip and fall injuries on wet pool tile, diving boards or other surfaces
  • Drownings resulting from unsupervised swimming or failure to erect and maintain four-sided fencing around a pool

We take cases involving all types of serious or catastrophic injuries, including brain or spinal cord injury, broken bones, paralysis, and amputation or loss of limb. We also litigate wrongful death claims arising out of swimming pool accidents.

We will help you seek damages for all your losses, including lost wages and income, medical expenses, physical pain and suffering, and loss of companionship or consortium.

Contact Attorney Michael J. Hood

We offer a free initial consultation to every client. To schedule a meeting, contact us online or call our office at (302) 777-1000. Our office is open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.