The Dangers of Unsupervised Swimming: What Parents Need to Know

Posted on June 20, 2023 by admin

Swimming pools are a great way to cool off in the summer and have fun with friends and family. But parents should always be aware of the potential dangers that can come from unsupervised swimming. Every year, hundreds of children drown or suffer serious injuries due to negligent supervision or premises liability issues related to swimming pools. In this blog post, we’ll discuss what parents need to know about the risks associated with unsupervised swimming and how they can help keep their kids safe while enjoying themselves at the pool.

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Swimming Pool Safety Advice That All Parents Need to Know

Swimming pools can be a source of great fun and relaxation, but they can also be dangerous. When it comes to swimming pool accidents, liability could fall on the property owner or the supervisor of the area. Premises liability refers to the responsibility of a property owner to provide a safe environment for guests. If a pool has hazards or insufficient safety measures, the owner may be liable for any accidents that occur. Negligent supervision also plays a role in swimming pool accidents. Lifeguards and supervisors have the responsibility of keeping swimmers safe and preventing accidents. Failure to properly supervise could result in serious injury or even death.

It is important for pool owners and supervisors to take appropriate safety measures to prevent accidents and ensure the safety of all swimmers. Here are some key considerations:

Understand the Real Risk of Drowning

First, parents need to understand that drowning can happen quickly and silently. It only takes a few seconds for someone to be submerged beneath the water without anyone noticing. That’s why it’s so important for parents to always keep an eye on their children when they’re in or around the pool.

Teach Kids About Pool and Swimming Safety

Second, it is essential for parents to ensure that their children are familiar with swimming safety rules. One of the most important rules is that no one should ever swim alone; there should always be at least one other person present who can monitor activity and provide help in case something goes wrong. Additionally, young children who cannot swim should never be allowed in pools without direct adult supervision.

Look for Pool Hazards and Plan Around Them

Third, it’s important for parents to be aware of any potential hazards in and around the pool. Poor maintenance can create trip-and-fall hazards or lead to water contamination, while poor fencing can allow unsupervised access to the pool area. Parents should also check that there are no broken tiles or other debris on the bottom of the pool that could pose a danger.

Use Age-Appropriate Flotation Devices

Finally, parents should always make sure their children are wearing life preservers when they go near or into a body of water. Life jackets and other flotation devices provide an extra layer of safety to ensure your child is protected if something goes wrong. Be sure to fit your children in the proper sizes when using arm floaties, waist belts, and life jackets. If these flotation devices are too large, kids can slip right out of them.

Hire a Personal Injury Law Firm After a Wrongful Accident

By understanding these risks associated with unsupervised swimming, parents can help ensure their family has a safe and enjoyable time at the pool. However, if you or your child have been injured due to swimming pool accidents or negligent supervision, it is important to seek legal advice on your rights and options moving forward.

A personal injury lawyer who has experience in swimming pool and drowning accidents can provide legal representation and help you protect your rights. They can investigate the incident, gather evidence, and represent you in negotiations with insurance companies and legal proceedings should a lawsuit be necessary. With their experience and knowledge, a personal injury attorney can help you get the compensation you deserve and help try to close this traumatic chapter in your life. Don’t hesitate to reach out for help after a swimming pool accident, and always remember that a personal injury lawyer can make a big difference on whether or not you will attain justice.

Were you or your loved one seriously injured in a swimming pool accident in Indiana or while traveling out of state? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an Indianapolis personal injury lawyer who has experience with claims involving claims for child injuries, premises liability , wrongful death, and more. We represent clients throughout the state of Indiana and Indiana residents injured in other states.

Frequently Asked Questions About Swimming Pool Accident Claims

Posted on July 15, 2022 by admin

According to recent US Census Bureau and CDC statistics, the United States has an average of 10.4 million residential swimming pools. These stats also report that 17.12% of Americans between 18 and 29 years old owns a pool or hot tub. When you apply the math to the purported 128.58 million households in the country, a little more than 8% have a swimming pool. Furthermore, the U.S. Bureau of Labor Statistics and the CDC report that swimming is the 5^th most popular pastime here in the states, but number one among 36 percent of children between the ages of 7 and 17 years old.

These numbers set the tone for the importance of public and residential swimming pool safety. If you are considering a swimming pool addition to your property or have recently fallen victim to a negligent pool accident, it is wise to educate yourself on some helpful facts concerning pool liability.

Continue reading to review some frequently asked questions about swimming pool accident liability and related injury or wrongful death claims.

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Summertime Swimming Pool Liability

Indiana summers get hot and humid. This time of year, our public and private pools provide us with a refreshing reprieve from the strong, seasonal sun. But with this privilege comes a great deal of responsibility. Even hot tubs and spas can pose certain risks if the proper precautions are not taken. Drownings, concussions, orthopedic injuries, and chemical exposure are all common swimming pool accidents and injuries.

But when someone is injured or killed in a swimming pool accident, who is liable? The municipality? The residential property owners? The property management company? The landlord? With so many possible responsible parties, the answer to this common question can be confusing.

Swimming Pool Accident FAQS

Who is Liable for a Swimming Pool Accident?

Sadly, swimming pool accidents are common in the United States. Because there are so many pools and pool accidents, there are dedicated injury laws specifically regarding pools. To make matters more complicated, these laws are different for public pools and private pools, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, for instance, pools must be at least 10 feet away from any other building or house and must remain in the side or back yard of a private residence.

Before diving into assigning fault in a swimming pool accident, you must determine which set of laws apply to your case. Talk to a licensed personal injury lawyer in Indiana to learn everything you need to know about obtaining legal justice after a swimming pool accident or injury.

The general rule of thumb, although it varies from case to case, is that the owner of the pool is responsible for compensating a victim for their injuries, but only if the owner was negligent and their negligence was a direct cause of the accident and subsequent injuries. Thus, it is vitally important for pool owners to carry home owner’s liability insurance so if they did happen to be negligent, their insurance carrier will pay for any settlement or judgment against them. Again, these cases can be complex, which is why you should always consult with an experienced Indiana accident attorney for personalized advice and guidance.

Are Swimming Pools Considered an Attractive Nuisance?

If something is so enticing to a child that it motivates them to enter onto another person’s property, it can be considered an attractive nuisance. Swimming pools and hot tubs are perfect examples. Under modern law, property owners have legal responsibility (or duty of care) to keep a safe premises in the case of trespassing children or minors. This is called the attractive nuisance ordinance and is an exception to premise liability law.

If you have heard about attractive nuisance laws regarding swimming pools, then you may wonder what they really entail. Basically, if your pool is visible to the public and has features that attract trespassers, it could be a liability. This includes easy-access, public view, water slides, and more. To protect your pool from becoming an attractive nuisance, start by installing a fence and consider a pool cover.

Can Liability Waivers Be Enforced After a Hotel or Public Pool Accident?

Fault plays the largest role in determining who is liable for a pool accident at a hotel or public civic center. The only way to know the answer to this question is to contact an experienced Indianapolis IN personal injury attorney and schedule a free consultation to discuss your case. They will investigate the details of the waiver, as well as the accident, and determine what can be done and what can’t be done.

Were you or a loved one wrongfully injured in a swimming pool accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Who’s Liable for a Drowning Accident in a Private Swimming Pool?

Posted on August 19, 2019 by admin

Having a swimming pool on your property is a terrific luxury, but it also comes with a great deal of responsibility. Aside from regular maintenance and cleaning, pools encompass a wide scope of legal responsibilities as well. Not only is it important to understand your legal liability in owning a private swimming pool, it is also important to do what it takes to protect yourself from such liability.

If you do not take the proper precautions to ensure accidental drowning and other swimming pool-related accidents do not take place on your property, you could be held legally responsible for all subsequent damages and losses suffered by the victim and their family. Continue reading to learn what you need to know about swimming pool safety and liability.

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Swimming Pool Laws

There are laws set forth in every state governing both private and public swimming pools, from simple permit and license regulations, to zoning laws, construction, and more. These laws differ among each state, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, there are several laws regarding swimming pools. For instance, pools must be at least 10 feet away from any other building or house, and must remain in the side or back yard of a private residence.

Swimming Pool Accidents and Liability

Common swimming pool accidents than an owner would be held liable for include drowning, orthopedic injuries, slip and fall accidents, concussions, and even electrocution accidents. Here in Indiana, the owner of a private swimming pool is the party liable for any accidents that happen on their property, whether they are present and supervising the use of the pool at the time of the incident or not. Not only must a swimming pool owner take the proper precautions to ensure accidents do not take place on their property while they are home, they must also protect the possibility of trespassers or those who use their pool without permission.

You see, a pool owner might also be found liable for an accident in their swimming pool if they did not take the proper actions to lock their pool up from the outside public. In the case that a group of kids use a private swimming pool, and someone drowns, the owner could be held liable if the gate was not locked, even though they did not give the kids permission to use their pool. In fact, a similar situation could also fall under attractive nuisance laws, which hold an owner liable in the case that their pool is visible to the public and has features that attract trespassers, such as twisting slides, giant figurines, or cascading waterfalls. This also includes pools with easy-access or within public view.

For these reasons, most states have ordinances that require pool owners to install fencing around their property. Posting a sign is not usually enough to evade liability in a swimming pool accident, so pool owners should take other precautions as well, such as:

☑ Having high fences that lock from within;
☑ Monitoring alcohol consumption among guests;
☑ Supervising kids and minors at all times;
☑ Installing motion sensing lighting outside;
☑ Installing video surveillance;
☑ Adhering to all state and federal laws governing private pools;

How to Make a Swimming Pool Accident Claim

If you are a victim of a swimming pool accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging any upfront fees. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Craven, Hoover, & Blazek P.C.

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