Swimming Pool Accident Attorney​

Common Causes of Swimming Pool Accidents in Colorado

Different factors can contribute to a swimming pool accident. 

The common ones are:

• Lack of supervision: Lack of proper attention from lifeguards or caregivers is among the leading causes of swimming pool accidents, especially among children. A child may dive in the shallow areas, or enter the deeper areas when they are not skilled enough, if no one is around to guide them.
• Lack of fencing: Public pools in Colorado (both indoor and outdoor) in non-restricted areas should be fenced to prevent unauthorized access, allowing access only through designated entrances. It’s also crucial to fence residential pools to prevent accidental drowning.
• Electrical hazards: When electrical equipment in a swimming pool, such as lighting, heaters, pumps, and filters, has a defect, stray currents can be introduced into the water. This can potentially cause an electric shock.
• Inadequate or missing signage: A swimming pool should have adequate signage warning swimmers about slippery surfaces, shallow water, or potential diving hazards. There should be a sign informing swimmers that there is no lifeguard on duty, or reminding parents to supervise their children. Failing to communicate important safety information by not having warning signs, or at least enough of them, can increase the risk of accidents.
• Drain entrapment: Swimming pools have a drain that draws water from the pool into a filtration system to be cleaned, and then back to the pool. The drain uses a pump to create a negative pressure (suction) that pulls water from the pool. Unfortunately, the suction can be so strong that it creates a vacuum, pulling a swimmer toward the drain. Not having a drain cover (grate), installing a defective cover, and debris accumulation in the drain can result in such strong suction. Drain entrapment is dangerous. A swimmer may be unable to break free and, in turn, sustain a serious injury or drown.
• Defective pool accessories: Damaged diving boards, broken ladders, or malfunctioning slides can lead to slip-and-fall accidents. Broken pool gates can also lead to children accessing a pool without supervision.
• Poor maintenance: Neglecting regular maintenance, such as cleaning and inspecting equipment for defects, can create hazards for swimmers.

Common Types of Swimming Pool Injuries in Colorado

A swimmer involved in a swimming pool accident can sustain different types of injuries, including:

• Fractures and broken bones: Falls caused by slippery surfaces can lead to fractures and broken bones in various body parts.
• Spinal cord injuries: Diving into shallow water can cause a swimmer to hit their head on the bottom or side of the pool, which can result in injuries in the neck area and possibly damage the spinal cord. A spinal cord injury can lead to paralysis.
• Traumatic brain injuries:  This is another type of swimming pool injury that can be caused by diving into shallow water. The impact to the head after hitting the bottom or side of the pool can result in a concussion or other traumatic brain injury (TBI). If you slip and fall due to a slippery surface around the pool, you may also sustain a TBI. Head injuries are also not uncommon in overcrowded swimming pools. When swimmers collide with each other, they may fall, hitting their heads on the ground.
• Chemical burns: Swimming pool owners who mix chemicals incorrectly can cause a swimmer to suffer a chemical burn through direct skin contact with chlorine or inhalation of chlorine gas. Poor ventilation in an indoor swimming pool can also cause chlorine gas to be trapped in the enclosed space, resulting in swimmers inhaling it.
• Lacerations: Sharp objects in the water, rough pool edges, and poorly maintained equipment can lead to lacerations. Falling on uneven or slippery pavement can also cause cuts.

What To Do After a Swimming Pool Accident

If involved in a swimming pool accident, you should get out of the water immediately. If you are unable to do so, ask someone to help you. Then, call 911 for an ambulance and the police if necessary. While waiting for medical assistance, document the scene. Take photos and videos of the scene and collect witness information. If you can’t move around to gather evidence, ask a witness to help you.

If your child is injured in a swimming pool, get them out and call 911. You can administer basic first aid and then document the scene.

Who Can Be Held Liable for Swimming Pool Injuries in Colorado?

A property owner will typically be held liable for swimming pool injuries if they act negligently. This is because they have a duty of care to visitors. They need to take reasonable precautions to protect visitors from harm. Therefore, when a pool has safety concerns that result in your injuries, the property owner may be deemed to have breached the duty of care they owe you.

In an instance where a pool is not owned by a property owner but by a third party, the pool owner or operator can be held liable if an accident occurs.

Other parties that can be responsible for swimming pool injuries are:

• The lifeguard if they fail to monitor the pool adequately or respond to an emergency. 
• Pool maintenance staff if they fail to maintain proper water chemistry, remove debris, fix slippery surfaces, or provide/maintain safety equipment.
• Equipment manufacturer if a defect in their product creates a hazard. For example, when an accident is caused by a faulty drain.
• Landlord/property owners if they fail to ensure safety for tenants in common areas, such as the pool.
• The contractor if defects related to the pool design or construction cause an accident, perhaps they violated building codes and regulations.

Note that multiple parties can be held liable in swimming pool accident lawsuits. A property owner and an operator can be responsible for an accident, or a pool owner and a lifeguard.

The Attractive Nuisance Doctrine

While adult invitees, licensees, and trespassers are protected with different legal rights and responsibilities, Colorado has a separate law for children. Under the attractive nuisance doctrine, property owners are liable for injuries to children caused by any condition on their property that is likely to attract children and pose a danger to them. Swimming pools can be considered an attractive nuisance when safety measures are not observed to prevent children from being injured.

Contact a Colorado Swimming Pool Injury Lawyer Today

A swimming pool injury can substantially affect your life. You may incur medical expenses, lost wages, and non-economic damages. A premises liability lawyer can help you recover these damages. Bachus & Schanker is dedicated to helping victims and parents of children injured in swimming pools.

Contact us today for a free case evaluation.

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