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Swimming Pool Liability

Maryland, Virginia, and Washington, DC

Swimming can be a great way to spend a hot summer day, but even the best swimmers can under some circumstances succumb to the danger of drowning. In many cases, the swimming pool owner, manager, or operator may have contributed to the circumstances that led to the drowning or near drowning.

If a loved one suffered a drowning, near drowning, or other injury as a result of the negligence or misconduct of someone else, you may be entitled to receive compensation. Please schedule a consultation with the Washington, DC personal injury lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C. today to discuss your legal options.

When a Swimming Pool Owner Is at Fault

Although some drownings are accidents, frequently the drowning could, and should, have been prevented. This is the case when drowning is due to:

  • Lack of pool supervision
  • Carelessness
  • Risky behavior encouraged by pool owner
  • Faulty pools
  • Poor pool maintenance

The person or persons responsible for a drowning depends on the exact circumstances of the case. We can help you examine the circumstances of the case and determine liability related to your loved one's swimming pool drowning accident.

Lack of Supervision

Ideally, all public pools should have lifeguards on duty to protect and safeguard those in the pool. A lifeguard on duty must be properly trained and attentive. A private pool owner should also have a way to keep children out of a pool, and if the pool owner invites families with children over for swimming must maintain careful supervision of the pool for the duration of the visit.

Risky Behavior

Risky behavior contributes to many swimming pool drowning accidents and other injuries. If a pool owner encourages risky behavior or participates in it, he or she may be held liable. Examples including diving into shallow pools and encouraging others to try or holding poolside parties where significant alcohol consumption is encouraged.

Carelessness

Pool covers and pool cleaning equipment can constitute grave dangers if left in the pool while people are swimming. Similarly, any object left lying around the edge of the pool can cause a person to trip and fall.

Pool Maintenance

A swimming pool requires regular maintenance to remain a safe, fun place for swimmers. Many underground pools experience buckling and heaving around the top of the pool, which can create uneven surfaces and increase the threat of falling into the pool. A good swimmer can drown after falling into a pool, whether from inhaling water during a surprised gasp or suffering a head, leg, arm, or spine injury during the fall.

An essential part of pool maintenance is also ensuring that rescue equipment like a shepherd's hook and rescue flotation device are present, highly visible, and in good condition.

Defective Pools

There are many ways in which a pool can be defective. One of the most dangerous is defective pool drains that can lead to drowning or other injuries. A pool is also defective if it is not properly marked to warn whether a pool is too deep for non-swimmers or too shallow for divers. Defective ladders can make it hard for distressed swimmers to get out of the pool and contribute to their drowning accident.

An essential part of pool maintenance is also ensuring that rescue equipment like a shepherd's hook and rescue flotation device are present, highly visible, and in good condition.

For more information, see Swimming Pool Liability Questions.

If you have lost a loved one to a drowning accident that could have been prevented, the swimming pool liability lawyers at Chaikin, Sherman, Cammarata, & Siegel can help you recover damages. These damages not only compensate you and punish those who contributed to your suffering but help to publicize the dangers swimming pools pose to people of Maryland, Virginia, and Washington, DC Please schedule a consultation today to discuss a potential drowning accident lawsuit.

 

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The materials on the Chaikin, Sherman, Cammarata & Siegel, P.C. website are offered to provide general information only about personal injury cases. This website does not create an attorney-client relationship. Descriptions of cases that the firm's personal injury lawyers have handled successfully are not intended to imply any guarantee of success regarding your potential personal injury claim, because every claim is different.

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