Swimming Pool Injury Claims: What You Should Know
With more than 4,000 Americans falling victim to drownings each year, a swimming pool injury can happen in a matter of seconds. Swimming pool injuries can be life-changing, leading to neurological impairment and wrongful death. In determining liability, who owned the property and the duty of care owed will be the focus of a thorough investigation. If you or your child has recently experienced a swimming pool injury, our Nashville swimming pool accident attorneys at Bednarz & Bednarz would like to speak with you.
Swimming Pool Injuries Can Have Long-Term Consequences
Although drowning is the most commonly recognized swimming pool injury, others include:
- Diving injuries: A person who hits the bottom of the pool or dives from the shallow end may experience traumatic brain injury, spinal cord injury, or fractures.
- Pool drain entrapment: Swimming pool drains are powerful, making it possible for children to get sucked in or trapped by them. In some cases, a person’s intestines can be drawn out due to the drain, leading to a traumatic bowel injury.
- Near-drowning injuries: Prolonged oxygen deprivation to the brain can lead to a hypoxic brain injury, causing permanent neurological damage. In other situations, a person may experience acute respiratory distress syndrome or bacterial pneumonia.
- Slip and falls: Pool decks are often slippery, resulting in neck injuries, traumatic brain injuries, fractures, and contusions.
A Number of Parties May Be Held Liable
Depending on the location of the incident and the circumstances surrounding your injury, any of the following parties may be found liable:
- Homeowners with residential pools
- Landlords and property management companies
- Hotels, motels, resorts, and recreational facilities
- Pool managers or swim club managers at a swimming club or community center
- Contractors or maintenance workers who installed drains, safety equipment, or pool barriers
- Pool manufacturers, if the pool injury was caused by defective equipment
Each of these parties will be held to its own standard of care. For example, a property management company must have adequate lifeguard coverage and perform regular maintenance to ensure residents’ safety. This differs from a residential pool owner, who needs to abide by the state’s barrier requirements, but will be held to a less stringent set of standards.
Pool Owners Owe Children a Higher Standard of Care
Although a residential pool owner only has a legal obligation to adult guests and visitors who are welcomed on the property, the same does not apply to trespassing children. Under the attractive nuisance doctrine, a property owner may be held accountable for a child’s injuries or death if:
- The property owner knew or should have known that there was a dangerous condition that posed a risk of harm to children.
- The property owner knew or should have known that children would likely to be lured onto the property due to the hazardous condition or that they would use the property as a playground.
- The dangerous condition was not obvious to the children.
- The risk of harm posed outweighed the expense of eliminating the danger.
- The property owner failed to use reasonable care to remedy the issue or otherwise protect the children.
Tennessee Pool Safety Requirements for Residential and Commercial Owners
Under Tennessee law, a pool barrier four feet (48 inches) is required for all outside pools. The barrier may be a wall, building, enclosure, or fence. The fencing and barrier must be in good working condition. All barriers must include self-latching or self-closing gates or doors. Additionally, all pools built after January 1, 2011, over three feet (36 inches) deep are required to have an alarm that sounds if a person or object 15 pounds or heavier enters the pool.
You Only Have One Year to File an Injury Claim
Tennessee gives a shorter amount of time to injured parties, only allowing one year from an incident to file a legal claim. This applies to all personal injury claims, including swimming pool accidents. This timeline ensures that your case is tried on reliable information, since physical evidence deteriorates over time. However, in cases where criminal charges are filed against the defendant for the same incident, you may have up to two years to take your case to court.
Accountability Starts with Legal Guidance
If your child or family member was injured at another’s pool, you deserve compensation for their injuries. Swimming pool injuries often require medical intervention and hospitalization. If your child experience serious injuries such as hypoxia or spinal cord damage, accident-incurred medical expenses may be a lifelong cost. At Bednarz & Bednarz, our Nashville premises liability lawyers are committed to advocating for your interests, no matter what measures must be taken.
Contact Our Nashville Premises Liability Attorneys Today
Swimming pool injury claims are among the most devastating, impacting thousands of children and families each year. If you have fallen victim to such a tragedy, our Nashville premises liability lawyers would like to help. To discuss your legal options, contact Bednarz & Bednarz online or by calling (615) 623-8789 at your earliest convenience.
