Swimming Pool Accident Lawyer | Bergeron Clifford LLP (2024)

While part of many enjoyable summer pastimes, swimming pools can also be the spot for severe accidents leading to devastating injuries. Numerous events can happen in and around these bodies of water, and as a result, there are laws in place to ensure they are up to code and properly maintained for everyone’s safety.

Some regulations exist that outline the rules that pool owners must follow to ensure that children aren’t able to access swimming pools without proper supervision and that adults can use them without fear of bodily harm. If you or your child have been injured due to a pool, you may want to speak with a swimming pool accident lawyer to learn more about your rights and options.

One of the primary concerns parents have about pools is that their children may be able to go swimming without a lifeguard or responsible adult in case of an accident. Laws such as Bill 74 2006 exist to make all swimming pool owners accountable for keeping people who shouldn’t be alone in the water away from this area.

For example, anyone building an in-ground pool must also construct and maintain a fence around it. The fence must be tall enough that children can’t easily climb it and include a locking gate. The gate must remain locked when a lifeguard or supervisor isn’t on duty. If any of these rules are broken, the swimming pool owner might be liable if an accident occurs.

Homeowners can come under legal scrutiny if they don’t take appropriate actions to keep their backyard pools safe. Maintenance for these spaces means ensuring that there aren’t any slippery surfaces where people would normally walk and that clutter by the pool is cleaned up and can’t cause any slip and fall injuries.

Commercial property owners must follow similar parameters. First and foremost, they should provide staff members, like lifeguards, to ensure the safety of anyone using their pool. They must also keep the walking areas free of hazards.

The primary difference between residential and commercial liability is how the law treats each case. If you’re injured due to a homeowner’s negligence, it could be tried as a premises liability suit. In these cases, any actions the homeowner failed to take to keep their property safe may result in liability for injuries and death. Often, these lawsuits are negotiated through homeowners’ insurance companies. However, if you were injured on a commercial property, you may need to sue the company that owns the pool or the property the pool sits on. A swimming pool accident lawyer can help you determine the best course of action, so you aren’t caught in red tape.

If someone trips and falls, they may suffer bruises, cuts, or contusions from landing on a hard surface. Severe accidents are possible, and you may suffer broken bones, head injuries, electrocution, or an infected wound. For example, a child could enter a pool without proper supervision and may slip and sustain a spinal cord injury or be unable to swim on their own and drown.

In the event someone starts to drown and is resuscitated, they may still have lasting brain damage, depending on how long they went without oxygen. The cost of care for some pool injuries can quickly mount and be ongoing during recovery.