Commonly Associated Injuries
All types of accidents can occur in and around swimming pools. They can range from minor to severe, from easy to heal to life-threatening. The severity of the accident will determine the severity of the injuries and the damages you’ll incur because of it. Some common swimming pool injuries include:
- Traumatic brain injuries (TBIs): TBIs can be caused by diving accidents, slip and falls, entrapment drowning (for example, if a child’s hair gets caught in a drain or pump).
- Spinal cord injuries: Injury to the spine can occur because of slip and falls and diving accidents. These injuries are usually the result of negligent supervision or the lack of safety features.
- Broken bones and fractures: Again, these may be caused by slips, falls, and diving accidents.
- Lung injuries and respiratory issues: After a near drowning, children may experience severe issues such as pneumonia or acute respiratory distress system.
- Brain damage: A lack of oxygen to the brain can cause permanent damage. If your child was underwater for an extended period of time, they may be left with devastating damage.
Who’s Liable for a Swimming Pool Accident Injury?
Swimming pool injuries fall under the umbrella of premises liability law. This means that the owner of the property where the pool is located may be held liable for any accidents or injuries that occur as a result of their negligence.
Property owners owe a certain duty of care to those who visit their property. They must maintain their pool and keep it free from hazards. If hazards are present, they have a duty to warn parents and children of potential risks.
To prove that someone is liable for you or your child’s injuries, you must be able to prove the following:
- The property owner owed you a duty of care.
- The property owner breached that duty.
- You or your child were injured as a result of the breach.
- The injuries resulted in actual damages.
You may be able to sue the following parties for your or your child’s injuries:
- Property owners (in the case of a private pool in a hotel, club, apartment complex, etc.)
- Manufacturers (in the case of a defective product causing the injury)
- Private homeowners (could be a friend or even a family member)
Types of Damages You Can Recover on Your Child’s Behalf
There are two different types of damages that you can recover after your child’s swimming pool accident, economic and non-economic damages. Economic damages are associated with a monetary loss. For example, a medical bill. Non-economic damages are abstract and associated with losses like pain and suffering.
Recoverable damages include:
Medical bills from:
- Hospital stays
- Ambulance rides
- Doctors/specialists
- Prescriptions
- Medical equipment
- Future medical treatment
Past and future lost wages (on behalf of the parent)
Lost earning capacity (if the injury reduces the child’s ability to work in the future)
Pain and suffering
Disfigurement and scarring
Emotional distress
Wrongful death damages:
While economic damages are calculated based on bills and past paychecks, non-economic damages are calculated based on the change to one’s quality of life. On top of that, they’ll be calculated based on how much the injuries are going to impact your child throughout the rest of their life.
.avif)
.png){kind=logo}
