What to do if You’re Injured in Someone Else’s Pool
If you’re injured in someone else’s swimming pool, or your loved one is, we recommend that you contact our Vancouver personal injury lawyers. You could be entitled to recover compensation for your pain, suffering and lost expenses.
Swimming pool accidents
When the hot summer days roll around, the number of swimming pool accidents inevitably increases. Slips, trips and falls are common thanks to slippery poolside floors and the presence of cleaning equipment. Injuries can also occur if a child is left unsupervised, or someone dives into the shallow end.
Sadly, swimming pool accidents can result in serious injuries ranging from broken bones to severe head or spinal injuries. Tragically, they can also lead to fatal drownings, permanent disability and ongoing complications. Young children are particularly at risk, although teenagers and adults have also been known to suffer harm.
Who’s at fault for a swimming pool accident?
If this has happened to you or your child, then you might have a number of questions, such as: who is to blame for the swimming pool accident? Are you able to make a personal injury claim? And can you recover compensation to help with your medical bills, lost earnings and other out-of-pocket expenses?
The answers depend on where and how the accident happened.
Public swimming pool accidents
If you were in a public pool, then the occupiers must take reasonable steps to make the premises safe. This includes pools operated by local districts, hotels, spas, resorts and campgrounds. If the occupier fails to take the necessary safety precautions, causing someone to suffer an injury, then there will be grounds for a claim. This might happen if:
- Lifeguards are not on duty and they should have been
- Lifeguards are not on duty but there are no signs warning people that they swim at their own risk
- The depth of the water is not indicated
- Non slips mats are not installed
- The swimming pool is not maintained properly
- Entrapment devices such as suction valves are left exposed
- Slides and play equipment are not maintained or supervised
In this instance, the occupier will be covered by occupiers’ liability insurance. You will make a claim against their insurance policy, and the insurer will pay for your compensation settlement.
Private swimming pool accidents
The situation is a little different if you are injured at a private swimming pool – for example, a pool at your friend’s or neighbour’s house. The basic legal concept remains in the same, in that your friend or neighbour has a legal duty to keep others safe, so far as it reasonably practicable. This might include:
- Putting up fences and gates to prevent small children from falling in
- Clearing away cables and cleaning equipment
- Maintaining water filters
- Making suction valves safe
- Laying non slip flooring or mats around the poolside
- Signposting the shallow end
- Performing regular maintenance and safety checks
If your friend or neighbour fails to make their swimming pool safe and someone is harmed through no fault of their own, then it may give rise to a personal injury claim. In this scenario, a claim is made against the individual’s homeowner’s insurance.
You might be wary about making a claim against your friend. However, your claim is made against their homeowners’ insurance policy, and this will cover the cost of your compensation. This money may be crucial to your recovery, especially if you have lost income or require ongoing medical support.
What to do following a swimming pool accident
If you or your loved one is involved in a swimming pool accident, you need to:
- Seek medical assistance
- Ask that the accident is recorded, if the accident happens at a public pool
- Get the names and contact details of anyone who saw the accident
- Take photographs of the scene of the accident
- Write down what happened shortly after the accident
- Contact our Vancouver personal injury lawyers
Our personal injury lawyers can handle everything going forward. We can explain whether you are able to make a claim, and if so, who this claim should be made against. We can also manage the process for you, providing evidence that proves beyond doubt that you were wrongfully injured in a swimming pool accident.Go back to Blog