Swimming Pool Accidents
Baton Rouge Swimming Pool Accident Lawyer
One of the only ways to survive the hot summer months in southern Louisiana is to relax at the pool. Most of the time, swimming pools are harmless ways to beat the heat and have fun. Sometimes, though, swimming pool accidents can result in serious injuries and even death.
According to the Centers for Disease Control (CDC) and the Consumer Product Safety Commission, drowning accidents are the number one cause of death among children between the ages of 1 and 4. In fact, more than 4,000 children suffer fatal drowning accidents every single year in the U.S., with thousands more suffering from catastrophic injuries and disabilities related to drowning.
Drowning accidents are not the only types of accidents that occur in swimming pools, though. Swimmers can also suffer major injuries from slip and fall accidents on the pool deck as well as diving board accidents. Accidents like these can result in traumatic brain injuries, spinal injuries, broken bones, and so much more. The good news is that injured victims can seek compensation for any damages they incur as a result of their accident, such as medical bills, lost wages, and emotional distress.
Negligent parties that cause catastrophic injuries or wrongful death at swimming pools deserve to be held liable. A Baton Rouge swimming pool accident lawyer can help you do that through a civil lawsuit. Call our law firm today at 225-343-1111 to schedule a free consultation.
What are Swimming Pool Accidents?
Swimming pool accidents can describe any kind of accident that results in serious injury or death. Most accidents are swimming pool drownings, but slip and fall accidents on the pool deck and diving board accidents are common as well. Swimming pool injuries and accidents can happen at public pools, private pools, and even water parks.
Common Swimming Pool Accident Injuries
Common swimming pool injuries include:
- Severe brain damage from a near drowning accident
- Acute respiratory distress syndrome (ARDS) from a near drowning incident
- Hypoventilation and hypoxia from a near drowning incident
- Spinal cord injuries
- Partial or complete paralysis
- Broken bones
- CPR injuries like broken ribs, bruising, and general chest pain
- Chemical burns or eye damage from pool chemicals
- Sprained muscles and/or ligaments
- Lacerations from sharp pool equipment
- Injuries from getting limbs trapped due to excessive drain suction
If you or a loved one has suffered one of these injuries, you may have grounds to contact a Baton Rouge swimming pool accident attorney at the Law Offices of Ossie Brown.
Common Causes of Swimming Pool Accidents
Swimming pool injuries occur for a variety of reasons, including:
- Excessive pool toys or pool equipment laying around which can cause slip and fall accidents
- Wet and slippery pool deck which can also cause slip and fall accidents
- Excessive pool chemicals
- Broken and/or poorly maintained diving boards, which can lead to diving board accidents
- Negligent supervision by parents or trained lifeguards
- Clumsiness, carelessness, or drunkenness at swimming pools
- Not knowing how to swim
- Diving head first into the shallow end of the pool
It’s important to note that swimming pool injuries sustained through negligent actions or inactions can warrant civil lawsuits in Louisiana. Meanwhile, a swimming pool accident injury caused by someone’s own carelessness or clumsiness doesn’t warrant legal action.
Can You Sue for Swimming Pool Accidents?
Yes, victims or loved ones can sue for swimming pool accidents in Louisiana depending on the specifics of the situation.
Before suing a negligent party for damages, though, it’s important to know that there are a few different types of swimming pool accident lawsuits that you could file including: personal injury lawsuits, wrongful death lawsuits, and premises liability lawsuits. Our experienced team of lawyers explains the specifics of each type of lawsuit below.
Personal Injury Lawsuit
You could potentially file a personal injury lawsuit if a negligent party caused you to suffer a serious swimming pool injury or a near-drowning incident. In order to have a strong and successful personal injury case, near drowning victims must prove that the four following elements of negligence occurred.
- Duty of Care: The negligent party owed you (or your child) a duty of care to create a safe and supervised swimming pool.
- Breached Duty of Care: The negligent party breached this duty of care either through action or inaction.
- Causation: The negligent party directly caused your (or your child’s) injuries.
- Damages: Injured victims suffered a variety of damages for which they should receive fair compensation.
If you’re new to the world of civil lawsuits, proving these four elements of negligence probably sounds overwhelming, and you may not know where to begin. That’s why it’s so important to hire a Baton Rouge swimming pool accident lawyer at the Law Offices of Ossie Brown. We can listen to your story, determine whether you have grounds to take legal action, investigate the details of your claim, and gather sufficient evidence to prove that negligence occurred.
Wrongful Death Lawsuit
If a swimming pool drowning accident results in death, loved ones of the drowning victim could seek compensation through a wrongful death lawsuit. Wrongful death lawsuits are also based on the legal theory of negligence, just like personal injury lawsuits. Louisiana law states that the following people can file wrongful death lawsuits on behalf of deceased victims:
- Surviving spouse and/or children.
- If there is no spouse or child(ren), then surviving parents can file.
- If there are no surviving parents, then surviving siblings can file.
- Lastly, if there are no surviving siblings, then surviving grandparents can file.
Here is a swimming pool accident example that may warrant a wrongful death lawsuit:
A young child is swimming at a public pool that’s constantly supervised by trained lifeguards. The child’s mother left the child to go to the bathroom, trusting that the lifeguard on duty would handle any emergencies that happened in the few minutes she was gone.
The young child suddenly begins to drown, and the lifeguard on duty doesn’t notice for several minutes because they are distracted by their cell phone. By the time the mother gets back from the bathroom and the lifeguard notices the child is drowning, it’s too late. Despite rescue, CPR, and emergency room treatment, the child dies from their unintentional drowning. If the lifeguard had paid attention while on the job, the child could have been rescued and resuscitated in time. Therefore, the negligent lifeguard can be held liable through a wrongful death lawsuit.
A Baton Rouge drowning accident attorney at our law firm can fight for justice and fair compensation in situations like this.
Premises Liability Lawsuit
Lastly, injured victims may be able to file premises liability lawsuits if unsafe pool conditions caused their accident.
Both public and private swimming pools must be properly maintained by property owners. If not, the pool area can become unsafe due to broken diving boards, sharp pool edges, excessive pool chemicals, exposed pool equipment, debris on the pool deck, etc. Premises liability violations can also occur if a property owner doesn’t have trained lifeguards and duty and fail to warn visitors about this through “No Lifeguard on Duty” signage. If swimmers suffer any accidents, injuries, or deaths due to these premises liability violations, then the swimming pool owner can face legal action.
Possible Liable Parties for Swimming Pool Accidents
Sometimes, the specific details of a swimming pool accident are unclear. You may know what caused your accident, but you may not know who is responsible for that “what.” There are a variety of people that could be held responsible for swimming pool related injuries, including:
- Public or private pool owners
- Family members, babysitters, friends, or guardians
- Hotel, summer camp, or water park property owners
A Baton Rouge swimming pool accident lawyer at our law firm can investigate the details of your claim and help you determine who exactly is at fault.
Damages for Swimming Pool Accidents
Our experienced team of attorneys can help swimming pool accident victims recover financial compensation for the following types of damages:
- Medical expenses
- Physical therapy bills
- Expenses associated with necessary medical equipment such as motorized wheelchairs and other assistive devices
- Lost wages
- Loss of earning capacity if the victim suffers a permanent disability from a non-fatal pool drowning and therefore can’t complete their normal job duties
- Permanent disability, scarring, and/or disfigurement
- Emotional distress
- Mental health counseling bills
- Physical pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Funeral and burial expenses if the swimming pool drowning or injury resulted in wrongful death
Call Baton Rouge Personal Injury Lawyers at The Law Offices of Ossie Brown TodayIf you or a loved one has suffered death or serious injuries caused by negligence, you have grounds to hire legal representation. Baton Rouge personal injury attorneys will listen to your story, defend your legal rights, walk you through the legal process, and fight for a fair settlement on your behalf. Call 225-343-1111 to schedule a free consultation at our law firm today.
Let us review your case at no cost to you. We want to take the time to get to know you and understand your legal goals and objectives.
Why Our Clients Trust Us
Your Law Firm for a Lifetime.
The attorneys at The Law Offices of Ossie Brown are skilled in several practice areas and ready to discuss your case. Contact us today to schedule your free consultation.