Hotels would not be as fun without swimming pools. Heck, our life would not be as fun without swimming pools! Unfortunately, it’s not all rainbows and unicorns when it comes to swimming pools, as they are responsible for thousands of deaths and drownings each year.
Fact: Each year, more than 3,500 Americans die from drowning in swimming pools all across the country, and children account for a large percentage of deaths in swimming pool-related accidents.
“Despite numerous regulations regarding the safe use, inspection, and maintenance of swimming pools in Pennsylvania and all across the United States, drowning remains a leading cause of deaths among children in the U.S.,” says our Philadelphia swimming pool accident attorney at Dan Doyle Law Group.
Causes of swimming pool accident injuries
But drowning is not the only cause of swimming pool accidents in Philadelphia:
- Slip and fall accidents due to slippery surfaces caused by splashes of water
- Negligent life-guarding or lack of lifeguards
- Defective drains resulting in suction drownings
- Circulation entrapment accidents, which occur when a swimmer is trapped by suction generated by water rushing out of the drain
- Lack of gate or fence, which creates an attractive nuisance
- Diving board accidents caused by diving into a swimming pool where the water is less than 6 feet deep (the swimmer assumes the risk of injury, though there must be visible signs “No Diving” to prevent these accidents)
- Over-crowded pools and
- Defective or lack of rescue equipment
In some cases, the injured swimmer is the only party to blame for his or her injury sustained in a swimming pool. “However, in the vast majority of swimming pool-related accidents, the swimmer can recover compensation by suing the property owner for failure to take safety precautions and/or ensure a safe environment for swimmers,” says our experienced swimming pool accident attorney in Philadelphia.
Premises liability and swimming pool accidents in Pennsylvania
More often than not, if the owner of the property on which the swimming pool is located was in any way responsible for your injury, you may have a right to sue the owner under the legal theory of premises liability. Under this theory, you will have to prove that (a) the property owner owed you a duty of care, (b) that duty was breached, and (c) your swimming pool injury was caused by either inadequate safety precautions or a dangerous condition the owner knew or should have know about.
In Pennsylvania, property owners owe their visitors a duty to ensure that their swimming pools are safe for swimmers. The following parties can be held liable under the theory of premises liability:
- Owners of private or residential swimming pools
- Owners of property on which a swimming pool is located and available for private or commercial use for the benefit of guests or members (motels, hotels, health clubs, apartment complexes, etc…)
- Owners of government property on which a swimming pool is open to the community (for example, school swimming pools)
- Possessors or occupiers of the property
- Lifeguards and
- Third-party persons or companies responsible for inspection or maintenance of swimming pools
Get a free consultation from our premises liability lawyer to determine liability and evaluate your case.
Contact Dan Doyle Law Group to receive a free case evaluation today.