Swimming Pool Injury Lawyer

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Swimming Pool Attorney

Swimming Pool Injury Lawyer

Swimming in a swimming pool is a fun and healthy way to spend an afternoon. If swimming pools are not properly built or maintained, however, the resulting injuries to swimmers can be devastating. Swimming pool accidents happen more often than you might think.

Based on data compiled by the United States Consumer Products Safety Council, approximately 300 children under the age of 5 pass away each year in the U.S. due to swimming pool accidents. If you or a loved one has been injured in a swimming pool accident, an experienced personal injury attorney can help.

Common Causes of Swimming Pool Accidents

Swimming pool accidents occur in various ways, but some of the most common causes of these accidents include:

  • Contaminated pool water
  • Defective swimming pool drains
  • Diving board injuries, which commonly result in broken and fractured ribs
  • Inadequately marked deep or shallow ends of the pool
  • Lack of fences and gates
  • Pools without adequate safety barriers increase the risk that younger children will fall in
  • Slippery conditions or improperly maintained tiles and flooring can result in slip and fall accidents
  • Failure by a pool to properly screen and train lifeguards greatly increases the risk of drowning accidents

Given the various factors that can result in swimming pool accidents, it is a good idea to perform an adequate inspection of the accident scene right away to determine what factors were involved in causing your swimming pool injury.

Common Injuries Incurred in Swimming Pool Accidents

The injuries that result from swimming pool accidents are often serious. Some of the most common injuries that we see swimming pool accident victims face include:

  • Spinal cord injuries, which commonly occur when people attempt to jump into water that is too shallow. Spinal cord injuries can result in paralysis.
  • Traumatic brain injuries, which occur when people strike their head with enough force that the their brain strikes the inside of their skull.
  • Some dangers like broken glass or exposed hardware can result in serious lacerations.
  • In cases where a person suddenly loses consciousness in the water or ends up trapped underwater, the victim can suffer anoxic brain injuries. These injuries often result in substantial problems with speech, memory, and cognitive skills.

Maryland and Federal Laws Addressing Swimming Pools

There are a few federal and Maryland state laws directly addressing the use and management of swimming pools. Consider the following regulations:

  • The federal act, the Virginia Graeme Baker Pool & Spa Safety Act, addresses hot tub and pool drains. While these regulations attempt to decrease the risk of hot tub and pool accidents, accidents involving drains still occur.
  • Maryland state law requires both public and semi-public swimming pools to use fencing as well as certain types of signage to restrict and warn swimmers about dangers. Certain counties in Maryland enforce laws placing additional requirements on pool fencing.
  • Maryland state law requires both public and semi-public swimming pools to use fencing as well as certain types of signage to restrict and warn swimmers about dangers. Certain counties in Maryland enforce laws placing additional requirements on pool fencing.
  • There are no requirements in Maryland regarding fences and signage for private pools. Despite this, responsible pool owners in Maryland should still take adequate steps to prevent unsupervised access of their pools by others, especially children.

Liability Laws and Swimming Pool Accidents

There are various ways in which damages from a swimming pool accident can be pursued. One common theory under which swimming pool accident cases are pursued is premise liability, which is a legal principle that holds property owners liable for injuries that occur on their property.

Premise liability law applies to both public and private swimming pools. To establish a successful premise liability case, it must be shown that:

  • The responsible party owed a duty of care to take reasonable precaution on the property to prevent injuries
  • The property owner failed to uphold their duty of care
  • The property owner’s failure to uphold their duty of care result in personal injuries or other harm to the victim

Any pool owner must safely maintain the pool’s premises. This means that pools cannot contain slippery surfaces and must conform to all applicable building codes. This also means that public swimming pool owners have a duty to provide a lifeguard or signage indicating that people swim at their own risk.

Speak With a Swimming Pool Accident Attorney Today

Following a swimming pool accident, it is critical to determine how the accident occurred as well as who is responsible. An attorney at Henderson Law can help by reviewing the facts of your case, determining who should be held responsible, obtaining evidence to create a strong legal strategy, and helping you pursue an insurance claim as well as a personal injury lawsuit. Contact our law office today to schedule a free case evaluation.

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Henderson Law is accepting new cases in the District of Columbia and Maryland. Henderson Law is willing to take new clients across the State of Maryland, including, but not limited to, new cases arising in the following cities: Annapolis, Crofton, Bowie, Upper Marlboro, Crownsville, Davidsonville, Edgewater, Millersville, Odenton, Severna Park, and Pasadena. Please call Henderson Law for an initial consultation.

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