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Overview
Swimming pools are among the best ways to spend a hot summer day, but they can also pose dangers that cause significant injuries and financial hardship if liable parties are not paying attention.
Chicago area swimming pools, whether at hotels, apartment complexes, private residences, or recreational facilities, present hazards for those who enjoy them. Children are particularly at risk, as the U.S. Consumer Product Safety Commission reports that an average of 357 children under the age of 15 fatally drowned in pool or spa related incidents each year. Many of these unfortunate incidents could have been avoided had owners and operators exercised reasonable care in maintaining the facilities. If you were injured or a loved one was killed in a Chicago swimming pool accident, a Chicago swimming pool accident lawyer can help hold these parties accountable.
When your life is turned upside down by a pool accident, you may be entitled to recover compensation for your losses. You can trust our team at Paul Padda Law to shoulder the legal burdens involved with these cases, whether we are filing an injury claim or fighting for you in court. To schedule a free consultation of your case with a Chicago premises liability lawyer, call us today at (312) 702-7000. We can also be reached via the online form.
Causes of Swimming Pool Accidents
Negligence is at the core of most injury causing incidents. Some common scenarios involving negligence that can cause you to incur injuries at swimming pools include:
● Failure to Post Signage: Not posting proper signs regarding pool depth, diving warnings, or safety rules
● Defective Pool Features: Malfunctioning diving boards, broken ladders, or damaged pool equipment
● Inadequate Fencing: Failing to install proper barriers around the pool as required by Illinois law
● Missing Safety Signs: Not reminding users about walking safely or other hazards
● Lifeguard Negligence: Inadequate supervision or inattentive lifeguards
● Defective Pool Covers: Pool covers that can trap an individual underneath
● Failure to Install Slip Resistant Surfaces: Not using proper materials around the pool to prevent falls
● Improper Maintenance: Failing to maintain equipment, repair hazards, or keep the pool clean
● Inadequate Lighting: Poor lighting in pool areas, especially at night
● Chemical Imbalances: Excessive or insufficient pool chemicals causing illness or injury
Parents of young children should note one important cause of swimming pool accidents. In the practice of law, a swimming pool is considered an “attractive nuisance.” The term refers to any feature on a property that draws the attention of children who do not appreciate its inherent dangers.
Common Swimming Pool Injuries
When discussing swimming pool accidents, most people only think about drowning. However, many types of accidents can happen at the pool which may cause harm and result in compensable damages. Beyond drowning, some of the most common accidents that Chicago pool injury attorneys often see include:
Drowning
Drowning tops the list of swimming pool injuries. Subpar swimming skills or a lack of supervision may be the cause of drowning in a swimming pool. Pool covers also cause a considerable number of deaths when a person becomes trapped beneath one. However, drowning can be a secondary factor of an accident, such as when a person becomes unconscious after suffering a swimming pool head injury.
A drowning death by circulation entrapment is an increasing problem as well. These types of drowning occur when a victim is immobilized by the suction effect produced by pool drains, filters, and other equipment. In many cases, the person’s hair, jewelry, clothing, or limb is caught in the suction effect.
Slip and Fall Accidents
Slick concrete or other flooring around a pool can pose a challenge when wet. Slip and fall accidents can lead to head injuries, broken arms and legs, spinal cord injuries, and more.
Diving Accidents
Diving related accidents may cause several injuries, depending on the body part sustaining the impact, which is often the head. A malfunctioning diving board or incorrectly listed depth notice could make the owners liable for the lawsuit that follows. Common diving injuries include:
● Spinal cord injuries from diving accidents
● Neck injuries from diving into shallow water
● Traumatic brain injuries
● Paralysis
Drain Entrapment
The drains under the water can have a strong suction quality, which could end up holding someone underwater, specifically small children who are not strong enough to pull away. Pool owners should make sure these drains are working properly and meet current safety standards.
Electrocution
Some pool setups may have electrical wires or outlets too close to the pool, or some other electrical device that is malfunctioning. Death can occur when these currents contact the water.
Chemical Burns and Exposure
Too many chemicals in a pool can cause chemical burns or other illnesses. Before swimming begins, managers should ensure the pool chemicals are not over the recommended amount. Chemicals may also send people to the emergency room because of their strong odor. According to the Agency for Toxic Substances and Disease Registry (ATSDR), chlorine can irritate the eyes and nose in limited amounts. Increased exposure can lead to breathing difficulties.
Other Swimming Pool Injuries
Additional injuries that can occur at swimming pools include:
● Broken bones, bruises, and lacerations from falling on slippery surfaces
● Concussions and head trauma
● Back injuries
● Soft tissue injuries
● Near drowning complications
These types of accidents can happen anytime and for any reason. However, many of them can be traced back to the pool owner or supervisor, who assumes responsibility by inviting or allowing others onto their property. When their negligence leads to a tragedy, Chicago residents should call a pool accident lawyer right away.
How Does Swimming Pool Liability Work?
Pool accidents are based upon the legal theory of negligence, which your Chicago swimming pool accident lawyer can explain in more detail. Generally, you must prove certain elements to recover monetary damages. For incidents that occur because of dangerous conditions on the property, the specific category of negligence is premises liability.
In a premises liability claim for a pool-related accident, you must show that the responsible party breached the legal duty to maintain the facility in a safe condition. The breach could be the result of careless actions or the failure to act, such as the failure to fix a dangerous condition. You must also prove that the breach of duty caused your injuries, and that you suffered losses after being hurt.
In addition to basic premises liability laws, there are specific regulations that apply to swimming pools in Illinois.
Illinois Private Swimming Pool Enclosure Act
Illinois enforces the Private Swimming Pool Enclosure Act. It defines a pool as an outdoor basin of water constructed, modified, improved, or installed in or above the ground of a private residential property and intended for swimming, with a depth of more than 24 inches or a capacity of 200 gallons of water.
Pool owners must install a barrier at least 42 inches tall around the perimeter. A residence that does not have this barrier is subject to legal action against them if someone is injured in their pool, whether they know the individual or not.
This law exists to prevent children from accessing pools unsupervised, recognizing that swimming pools are attractive nuisances that naturally draw children who may not understand the dangers.
Potentially Liable Parties
In premises liability cases, the owner of the property is an obvious potential party when filing a claim. However, the concept of negligence may extend to additional parties under certain circumstances. For instance, a property manager may be liable for creating a dangerous condition or failing to repair a hazard. Other examples are:
● Property Owners: Homeowners, apartment complex owners, or hotel owners
● Property Managers: Those responsible for maintaining and operating the pool
● Landlords: In charge of operating community pools at rental properties
● Product Manufacturers: A company that manufactured defective pool features, equipment, or safety devices
● Pool Service Companies: Contractors responsible for maintenance and chemical balance
● Event Promoters: For failing to provide proper security or supervision at pool events
● Hotel Employees and Pool Staff: Lifeguards and other personnel responsible for safety
● Municipalities: For public pools that are not properly maintained
Though these potential parties may be held accountable in your pool accident case, you would usually file a claim with the insurance company that provides coverage for the facility. You may seek compensation for various losses, including medical bills, lost wages, pain, suffering, and emotional distress. Still, you should always remember that an insurer is a business first and foremost. These companies are motivated by making a profit , so they do not have your best interests in mind.
As such, you could receive a lower counteroffer in response to your claim for compensation. The insurance company may even deny your claim in its entirety, which is why it is essential to retain a pool accident attorney to advocate on your behalf during settlement negotiations.
Compensation Available in Swimming Pool Accident Cases
Victims of swimming pool accidents may be entitled to recover various types of compensation, including:
Economic Damages
● Medical expenses (emergency treatment, hospitalization, surgery, rehabilitation)
● Future medical costs for ongoing treatment
● Lost wages and income during recovery
● Loss of earning capacity if injuries prevent returning to work
● Medical equipment and assistive devices
● Home modifications for disabilities
● Transportation expenses for medical treatment
Non-Economic Damages
● Pain and suffering
● Emotional distress and trauma
● Loss of enjoyment of life
● Disfigurement and scarring
● Loss of consortium
● Mental anguish
Wrongful Death Damages
When fatal pool accidents occur, surviving family members may recover:
● Funeral and burial expenses
● Loss of financial support
● Loss of companionship and guidance
● Medical expenses incurred before death
Swimming Pool Lawsuits
If the insurance company rejects your claim or offers a lowball settlement amount, you may consider taking the matter to court. Litigation is complex, so you should trust a lawyer to represent you in filing a lawsuit. An experienced attorney knows the laws and procedural rules that apply to your case, and can handle important tasks, such as:
● Filing the complaint and supporting documents
● Preparing and responding to pretrial motions
● Discovery and depositions
● Appearing in court for status conferences and other mandatory hearings
● Presenting evidence and arguments at trial
● Negotiating settlements at any stage of litigation
At Paul Padda Law, we are more than your lawyers. We are the allies you want to help you to set things right.
Illinois Statute of Limitations for Pool Accidents
If you or someone you love was hurt while swimming in someone’s pool, you have two years to file a premises liability claim for compensation under Illinois law. This statute of limitations begins from the date of the accident.
It is never too soon to seek advice from a personal injury lawyer. The sooner you build your case, the better because it will ensure that the two-year statute of limitations does not expire before you can seek compensation. Additionally, early involvement of an attorney helps preserve crucial evidence and witness testimony.
Call Now to Speak with a Chicago Swimming Pool Accident Lawyer
There are inherent risks with any type of water-related activity, but that does not excuse swimming pool owners and operators when they shirk their duty to keep the facilities safe. For more information on your rights and legal options, please contact an experienced personal injury attorney at Paul Padda Law. Our team can walk you through the legal process step by step, fighting for you to receive compensation, and keeping you informed of your options.
A Chicago lawyer helps an injured person understand the evidence available in a swimming pool injury case and how best to file suit for damages. Our Chicago based pool accident lawyers can help you through this difficult time.To schedule a free case consultation, contact us today at (312) 702-7000.