Attorneys for Swimming Pool Spinal Cord Injury Accidents
- October 5, 2017
The importance of the spinal cord for motor functions and other crucial body processes comes to show how catastrophic an injury to this organ can be. Swimming pool accidents pose a great risk of paralysis and spinal injuries because of the tendency of swimmers to hit against pool structures or surfaces with their faces or heads. Paralyzed victims may be unable to swim to the surface of the pool and either drown or get brain damage because of oxygen depletion. If you or a loved one has sustained spinal cord injury in a swimming pool, and you are sure that you are not to blame for the accident, hire a lawyer to represent your best interests and seek justice against the at-fault party.
What Are the Main Causes of Spinal Cord Injuries in Swimming Pools?
Spinal injuries can occur in or out of the swimming pool. In most cases, accidents occur when there are no safety measures in place to prevent slips and falls. Accidents may also arise where there are defective swimming pools, water slides, or diving boards. Some of the common injuries are:
- Hitting your head against a surface after slipping and falling. Slips and falls around swimming pools may occur on diving boards, ladders, pool decks, water slides or while inside the pool.
- Injuries to the spine and head after diving into the shallow end of the pool and striking one’s head against the floor of the pool. The downward slope of a pool can increase the risk of a spinal or head injury.
- Trauma caused by another swimmer jumping or diving in the pool and colliding with you.
Liability For Spinal Cord Injuries in Swimming Pools
If you sustain spinal cord injuries in a swimming pool accident, you can hold the property owner responsible for your injuries. Many pool accidents arise due to the property owner’s negligence. Property owners are required to maintain swimming pools in a safe condition and to warn others about dangers they are aware or should be aware of. To hold the property owner liable, you need to show that the owner had a duty of care but they breached their duty and caused you to sustain significant injuries.
A property owner may also be held liable for a swimming pool accident if they fail to protect children and frail adults on the property by equipping the pools with safety features like a pool cover or barrier. In this case, there is no need to prove that the owner breached their duty of care; you only have to show that the carelessness of the property owner caused your injuries.
A property owner can also be held liable for spinal injuries in a swimming pool under the concept of attractive nuisance. If trespassing children are injured in a property owner’s pool, the owner may be held liable if their pool is situated where the owner was aware that children were likely to be, and if the child is too young to know the risk posed by the pool. Furthermore, the pool owner may be held liable if they knew that the pool posed a hazard to children.
If another person’s negligent actions caused your injuries, you may hold that person liable. Your claim will only succeed if you can show that the person intended harm or acted recklessly.
In some cases, the injured person in a swimming pool accident is deemed to be responsible for their injuries. Courts assume that swimmers are responsible for observing their own safety. In normal situations, the property owner and swimming pool staff will warn swimmers about the potential dangers in and out of the pool. You may be held liable for your injuries if you disregard pool safety including:
- Behaving recklessly around and in the pool
- Running on slippery surfaces
- Diving into shallow areas
Compensation for Spinal Injuries From Swimming Pool Accidents
In swimming pool related spinal injuries, you stand to recover damages for medical expenses, pain and suffering, and lost wages. If the accident involves the death of the victim, the deceased’s family can file a wrongful death claim and obtain compensation for funeral costs, loss of companionship, and future earnings.
The Take Away
If you or a loved one has sustained spinal cord injury in a swimming pool injury, it is important that you seek legal assistance to bring the at-fault party to justice. In some cases, proving liability may be the thing that either makes or breaks your case. Make sure you err on the side of caution by consulting a lawyer before filing a personal injury claim.