Swimming pools are hotspots for accidents resulting in serious injury or even death. Victims can drown in the water, slip and fall on the pool deck, or suffer injuries caused by defective pool equipment, for example. If you are the victim of a swimming pool accident in Washington DC, understanding your rights and how to seek the compensation you deserve is essential.
Contact Marks & Harrison now for a free consultation with an experienced Washington DC swimming pool accident lawyer at a firm with a track record of success in some of the largest cases in the region’s history. Our law firm has recovered millions of dollars for satisfied clients since 1911, thanks to our highly skilled team of 30 attorneys and over 100 support staff.
What Are Some Causes of Swimming Pool Accidents in DC?
Washington DC swimming pool accidents can occur for various reasons. Some of the leading causes of injuries in pools are:
- Lack of supervision – Children must be supervised when playing in a pool. If your child was injured because of an inattentive lifeguard, you may be able to hold the pool owner liable.
- Lack of barriers – Pool owners should install fences to prevent people, especially children, from accessing their pools.
- Defective equipment – In some cases, defective pool equipment can cut, electrocute, or harm pool-goers in other ways. Unsafe drains pose a particular hazard for small children.
- Inadequate safety equipment – The pool owner could be liable if inadequate safety equipment contributed to an injury or death, such as if a public pool doesn’t have floatation devices or a defibrillator.
What Is the Most Common Cause of Swimming Pool Accidents?
You might think that the most common cause of injuries is the pool itself, but that isn’t the case. The most common cause of swimming pool accidents is slipping and falling on wet surfaces around the pool. Slip-and-fall accidents can lead to a wide variety of injuries, from broken bones to head injuries to soft tissue injuries.
Unfortunately, many pool owners may try to shift the blame for slip-and-fall accidents onto the victims, claiming that they were running or otherwise being unsafe. Our skilled attorneys can help you fight these accusations while seeking the maximum compensation you deserve.
What Are the Most Frequent Injuries That Happen in Swimming Pool Accidents?
A few examples of the most common injuries that happen in swimming pool accidents include:
- Drownings caused by a lack of supervision
- Broken bones caused by slipping and falling
- Traumatic brain injuries caused by hitting your head on the ground or side of the pool
- Spinal cord injuries caused by slipping and falling
- Electrocution caused by defective pool equipment
- Soft tissue injuries caused by slipping and falling
Who Can Be Held Liable for Washington DC Swimming Pool Injuries?
The parties that could be held liable for your swimming pool injuries depend on how you suffered those injuries. Here are some examples of the potentially liable parties:
- Pool owners – In many cases, pool owners can be liable under premises liability law because they are responsible for keeping the pool area free from hazards and keeping guests safe.
- Equipment manufacturers – If defective pool equipment caused your injuries, the manufacturer may be liable in a defective product case.
- Pool installers – If your injuries resulted from poor pool construction, such as uneven surfaces around the pool, the construction company may be liable.
- Pool maintenance companies – If, for example, an unsafe level of chemicals in the water caused your injuries, the company responsible for maintaining the chemical balance could be liable.
- Third parties – If a third party, such as another pool-goer, caused your injuries, they may be liable.
What Is Needed to Prove the Property Owner Is at Fault for the Accident?
To prove the property owner is at fault for your pool accident, you need to show that they knew or reasonably should have known about the hazard that caused your injury and that they didn’t take adequate steps to remedy it. For example, a pool owner may be liable if the facility lacked a fence to prevent children from accessing the pool or if they failed to fix faulty wiring that led to electrocution.
Could the Accident Victim Be Held Responsible for Their Injuries?
If you are found to be at fault for your injuries in any way, you could lose your right to seek compensation under D.C. Code § 50–2204.52. Even if you are just 1 percent at fault, that could be enough to prevent you from recovering the compensation you need. For that reason, it’s crucial that you work with an experienced attorney who can protect your rights by proving another party is entirely to blame.
What Sort of Damages Can Be Recovered in a Washington DC Swimming Pool Accident Claim?
After a pool accident in Washington DC, you can seek compensation for losses like the following:
- Past and future medical expenses related to the accident
- Wages you lost or will lose because of your injuries
- Physical pain and emotional suffering experienced because of your injuries
- Funeral and burial costs if your loved one passed away due to injuries suffered in the accident
Is There a Time Limit for Filing a Swimming Pool Accident Claim in Washington?
Under D.C. Code § 12–301, swimming pool accident victims have three years to file claims against a negligent property owner for their injuries, or 10 years to sue a manufacturer of defective equipment. Under D.C. Code § 16–2702, the personal representative of the deceased has two years to file a wrongful death claim.
D.C. Code § 12–310 also creates a 10-year statute of repose on actions involving unsafe or defective conditions on improvements brought against parties other than property owners and product manufacturers. For example, an injured person may be unable to pursue a claim against the general contractor who installed the pool more than 10 years after the contractor finished the project.
The time limit for filing a personal injury or wrongful death lawsuit typically begins on the date of injury or death. Failure to file your lawsuit within the statutory period will most likely result in the courts barring you from seeking compensation. That is one reason why it’s so important to contact our lawyers right away to initiate the claims process and begin an investigation.
Contact a Washington DC Swimming Pool Accident Attorney
If you suffered injuries in a Washington DC swimming pool accident, you need skilled legal support to pursue the compensation and justice you deserve. The premises liability attorneys at Marks & Harrison are ready to put our resources and experience to work for you.
Contact us today for a free consultation to discuss your case and learn about your legal options.
