Swimming Pool Accident Lawyer in Scottsdale
Skilled Legal Representation for Swimming Pool Accident Victims and Their Families
Swimming pools are a common sight in Arizona. It’s estimated that there are more than 600,000 swimming pools across the state. While this provides residents with a way to escape the sun, remain fit, and enjoy leisurely time, it also presents an opportunity for accidents to happen.
According to the Consumer Product Safety Commission (CPSC), an estimated 3,200 children are hospitalized each year across the United States due to drowning, submersion, and other swimming pool injuries. In fact, more than one in five fatal drownings are victims aged 14 years and younger, according to the CDC. For every child who drowns and loses their life, another four children receive emergency medical attention for a swimming pool accident or injury.
In Arizona alone, there are approximately 100 drownings each year, with children under age four and adults over age 65 the most vulnerable to drowning. Drowning is the second leading cause of death for children under age 15 and the leading cause of death for children under age five.
Not all pool accidents result in fatal injuries and drownings. However, many pool-related accidents do result in injuries that can have lifelong consequences, including the potential for spinal cord injuries and brain damage.
What Are Common Causes of Swimming Pool Accidents in Arizona?
When Arizona swimming pools are not properly maintained or guarded, accidents can occur.
Common causes of swimming pool accidents and injuries include the following:
- Accidental drowning deaths.
- Alcohol or drugs.
- Chemical burns and illnesses caused by improper chemical balances in the water.
- Dangerous pool toys.
- Diving boards that do not include adequate safety warnings.
- Diving into shallow water.
- Drain suction injuries.
- Drownings caused by pool filters.
- Electrical shock from pool lights that are defective or broken.
- Inadequate fencing or gates around a pool.
- Inadequate supervision.
- Lack of adequate signage.
- Lack of warning signs.
- No lifeguards on duty.
- Overcrowding.
- Pool drain accidents.
- Roughhousing, physical violence, and inappropriate behavior in the water.
- Running around the pool.
- Sanitation issues.
- Slides that are not up to safety standards.
- Slip and fall on slick walkways or ladders.
- Stair accidents.
- Uncovered pools that are left unattended.
- Unsafe or uncovered drains.
- Locker room and shower accidents.
What Are Common Swimming Pool Accident Injuries?
Water-related accidents can result in a variety of different types of injuries, some of which are fatal.
The most common pool-related injuries include the following:
- Back and neck injuries.
- Broken bones and bone fractures.
- Chemical burns.
- Disfigurement and scarring.
- Dismemberment.
- Electrocution.
- Illness.
- Infection.
- Internal bleeding and organ damage.
- Near drownings.
- Skull fractures.
- Slip and fall injuries.
- Soft tissue injuries.
- Spinal cord injuries.
- Traumatic brain injuries.
- Whiplash.
Whatever the severity of your injuries, you must speak to a personal injury lawyer about the potential of filing a claim to recover compensation for your losses. Please contact our law firm to discuss your case in a free consultation today.
What Responsibilities Do Pool Owners Have in AZ?
Pool owners have certain duties and responsibilities in Arizona. According to state law, pool owners may be held legally responsible for failure to maintain a safe environment in and around the pool. Creating a safe pool environment begins with the pool owner meeting the bare minimum safety requirements according to Arizona law. Failure to adhere to these safety measures could result in personal liability for pool owners in Arizona.
In most cases, Arizona pool owners must implement the following safety measures:
- Children under the age of seven must be educated about pool safety.
- Life-saving equipment must be purchased, installed, and properly maintained.
- Pool owners must have liability insurance to cover anyone injured in a swimming pool accident.
- State law requires a fence to surround ground-level pools. The fence must be at least five feet high and have a self-closing, self-latching gate.
- When the pool is in use, proper supervision must be provided to prevent swimmers from taking unsafe actions in the pool.
For additional pool safety requirements, refer to the Arizona Department of Health Services (ADHS). Also, it is important to remember that local laws and ordinances can supersede state law if the local law is even more restrictive than state laws. All swimming pool owners in Arizona should check with their local city or county governments to ensure that the pools comply with all laws.
How is Liability Determined After a Swimming Pool Injury or Drowning?
The first step in any successful swimming pool accident case is determining who is liable for injuries or loss of life. Legal liability can be a complicated subject, and who is at fault will vary depending on the unique facts of your case. In most cases, we examine the potential for premises liability and product liability claims.
Premises liability refers to the concept that the property owner has a responsibility to prevent reasonably foreseeable accidents. Product liability comes into play when there is a flaw in the design, manufacturing, distribution, or installation of the pool or its contents. The company responsible for manufacturing, installing, or selling the pool must warn of potential dangers or be at risk for legal liability.
What Financial Recovery is Possible for a Swimming Pool Accident Case?
If the pool owner, caretaker, or product manufacturer can be proven negligent, the injured party or their surviving representatives may seek compensation for injuries and other losses. This settlement may come in the form of both economic and non-economic damages.
Economic damages may include the following:
- Funeral, memorial, and burial expenses in the event of a fatal accident.
- Lost wages and lost income earning capacity.
- Past medical bills and future medical expenses.
- Physical therapy expenses.
- Property damage.
Non-economic damages may include:
- Disability, disfigurement, or dismemberment.
- Emotional distress.
- Loss of companionship.
- Lost quality of life.
- Mental anguish.
- Physical pain and suffering.
- Wrongful death.
In extreme cases, it may also be possible to recover punitive damages from an at-fault party. Contact our law office for more information.
Schedule a Free Consultation with an Experienced Personal Injury Attorney Today
Our legal team is committed to providing attentive and dedicated legal representation to injured clients and their family members. With a strong case, financial compensation can be recovered to help pay for medical expenses, lost wages, and wrongful death.
The Wilson Ortiz Law Firm operates on a contingency fee basis, meaning you don’t pay us unless we win a financial settlement for your case. Additionally, we offer free, no-obligation case evaluations to prospective new clients. Schedule your risk-free case review by contacting our law firm today. 623-294-1442.