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If you or a loved one has been injured in a Chicago swimming pool accident, The Kryder Law Group, LLC Accident and Injury Lawyers can help. Our team of experienced attorneys has extensive experience handling Cook County and Illinois swimming pool accident cases, whether the accident occurred at a private residence, a hotel, a public swimming pool, or other aquatic facility.
At The Kryder Law Group, LLC Accident and Injury Lawyers, we understand how difficult it can be to navigate the legal system after a near drowning or drowning death. We are here to help drowning victims and their families get the justice they deserve. Our goal is to ensure that the liable party responsible for a swimming pool accident is held accountable for their actions or negligence.
In this Article
When Do Drownings Occur?
Drowning can occur in a public swimming pool or in a private pool, often during the hot summer months:
When someone accidentally falls into the water and cannot get out before they are submerged.
When tripping hazards cause someone to slip on wet surfaces around a pool. drowning occurs when they are unable to catch themselves before hitting the water.
When someone has an underlying medical condition that makes it difficult for them to stay afloat, such as seizures or paralysis due to stroke.
Drowning can also be caused by negligence, such as inadequate supervision or improperly maintained safety features like railings around the pool area.
Regardless of the cause, our legal team at The Kryder Law Group, LLC Accident and Injury Lawyers offers a free consultation to help you understand your legal rights, review your case, determine the best course of action, and work with you to get the justice you deserve.
A current operating license from the Illinois Department of Public Health must be displayed.
Parents and guardians of small children should always ensure adequate supervision when children are in a swimming pool area. This means having at least one adult watching the pool, even if lifeguards are present.
Determine if a lifeguard is present, especially if children are with you. If no lifeguard is on duty, do not let children swim unless they are accompanied by a responsible adult who knows lifesaving techniques and first aid. No one should swim alone, no matter how experienced a swimmer that person may be.
Look around the pool area to be certain no malfunctioning equipment is there. Lifesaving devices, such as a floating ring buoy and shepherd’s crook, should be readily available for emergency use.
Be sure covers are installed on all drains of a swimming pool or in a wading pool. The suction created by the circulating pumps in can be very dangerous unless it is reduced by drain covers.
How Serious Is the Swimming Pool Drowning Problem in Illinois?
Swimming pool drowning is a very serious problem in Illinois. The Centers for Disease Control and Prevention (CDC) has reported that drownings are the leading cause of unintentional injury death for young children ages 1 to 4, and three children die every day as a result of drowning.
May is Childhood Drowning Prevention Month in Illinois.
May is Childhood Drowning Prevention Month in Illinois, and the Department of Children and Family Services (DCFS) reminds parents in order to prevent pool injuries, to remain vigilant when children are near or in water including swimming pools, spas, and hot tubs.
What Factors Make Drowning More Likely?
Factors that can contribute to accidental drowning are:
Lack of Adult Supervision
Children should always be supervised when they are around water, even in public swimming pools.
Adults distracted by phones or other electronic devices while supervising children in a swimming pool area.
When alcohol is being consumed in a pool area, accidents, negligence, and injuries are more likely to occur.
Young swimmers who are inexperienced or have poor swimming skills are more likely to be involved in a pool accident.
Swimmers with Underlying Health Conditions
Conditions that cause seizures, paralysis, or stroke can put swimmers at a higher risk of accidents and injuries.
Unsafe conditions in a private or public pool can lead to drowning accidents. Factors such as circulation entrapment in drains or underwater obstacles can contribute to these dangers.
Types of Swimming Pool Accidents
Swimming pool accidents can involve a range of different types of incidents, including:
Slips, trips and fall injuries,
Diving into shallow water,
Medical emergencies such as cardiac arrest,
Traumatic injuries caused by striking dangerous underwater objects,
Diving boards and slides that contribute to swimming pool accidents,
Defective pool equipment, inadequate maintenance including improper use of pool chemicals, and inadequate safety protocols.
Types of Injuries from Swimming Pool Accidents
Swimming pool accidents can cause a variety of injuries from minor scrapes and bruises to more serious swimming pool injuries such as:
Frequently the result of a slip and fall or diving board accident.
Traumatic Brain Injuries (TBI)
According to the Mayo Clinic, these head injuries cause brain damage usually resulting from a violent blow or jolt to the head. Serious brain injury results in bruising, torn tissues, bleeding, and other physical damage. A TBI can lead to long-term complications or unintentional death.
Other Types of Injuries
These may include lacerations, spinal cord injuries, internal organ damage, and temporary or permanent paralysis.
Who Are the Most Frequent Victims of Swimming Pool Accidents?
Swimming pool accidents can affect anyone, but certain groups are more vulnerable than others. Although swimming is a great way to cool off during the summer, it can also be dangerous. Every year, thousands of people drown while swimming in public pools, private pools, lakes, and oceans.
According to the Centers for Disease Control (CDC), drowning is the leading cause of death for children ages 1-4 not related to birth defects.
Young adults typically have the highest risk of drowning or sustaining a traumatic injury in a swimming pool accident. For people who are 15 years or older, more than half of fatal and nonfatal drownings occur in natural waters like rivers, lakes, or oceans.
Swimmers with Physical Limitations
Individuals with disabilities, seniors, and non-swimmers are also at higher risk for serious injury. It is important that public swimming pools and residential pools be completely enclosed, properly monitored and maintained to reduce the risk of drowning or other injuries for all types of swimmers.
Who Is Liable for a Swimming Pool Accident?
When a swimming pool accident occurs, it is important to determine who is liable for the injury. Depending on the circumstances of the accident, multiple parties may be held responsible.
Injured parties may be able to seek compensation from those responsible for ensuring pool safety, including:
Property Owners or Operators
A property owner or operator of a swimming pool is legally bound to provide a reasonably safe condition on their property and to post warnings and fix any hazards that exist.
Public Pool Owners
Under premises liability laws, property owners must keep their premises reasonably safe from hazards, including ones they should know about but may not be aware of. This includes keeping the pool and surrounding area in good condition and providing adequate security around the area.
Private Pool Owners
Under premises liability laws, private property owners also have a duty to keep their premises reasonably safe from hazards, including ones they should know about but may not be aware of.
Negligent Lifeguards or Security Personnel
A lifeguard may be negligent if they fail to supervise swimmers properly, do not maintain a safe pool area, or lack the proper equipment in an emergency (such as flotation devices, first aid kits, or defibrillators).
A manufacturer may be liable for injury or death caused by their product. For example, negligent design, failure to adequately test and inspect, or failure to provide adequate instructions, warnings, and labels.
How to Find Out Who May Be Liable for Your Pool Accident
The Kryder Law Group, LLC Accident and Injury Lawyers can help identify all of the parties that could be liable and make sure they are held accountable for their actions. Call today to discuss your case with a personal injury lawyer at our law firm.
What Evidence Do I Need to Prove Liability in a Swimming Pool Accident Case?
If you have been injured in a swimming pool accident due to negligence or wrongful conduct by any of the parties mentioned above, The Kryder Law Group, LLC Accident and Injury Lawyers can help you gather the evidence necessary to prove negligence. This may include:
Photos of the scene where the accident occurred
Eyewitness testimony from those who witnessed the accident
Police reports and/or medical records
Maintenance and inspection logs for the swimming pool equipment
If you or a family member has been injured in a swimming pool accident, contact The Kryder Law Group, LLC Accident and Injury Lawyers.
What Are The Rights Of Victims In Swimming Pool Accidents?
Victims of swimming pool accidents have rights under Illinois Premises Liability Act (740 ILCS 130/2). Premises liability law requires all public pools and private swimming pools to comply with certain safety standards in order to reduce the risk of drowning, near drowning, non fatal drowning, and other accidents occurring at swimming pools.
The regulations include requirements for fencing, signage, water depth markings, lifesaving equipment, staff training and more.
Victims of swimming pool injuries may be able to seek compensation for medical fees related to their injuries, lost wages from time missed at work due to their injuries, pain and suffering, and other damages. If a negligent party is found to be responsible for the accident, they may be held liable for the victim’s losses.
What If My Child Wandered into a Swimming Pool Uninvited?
In Illinois, in many cases, swimming pool owners can be held liable for injuries to children who wander into the neighbor’s pool without permission. This is based on the premise that, as a pool owner, a reasonable person would anticipate that a child may wander onto the property and take steps to prevent injury or drowning.
What Damages Are Available for Victims of Drowning Accidents?
If you or a family member has been injured in a swimming pool accident, The Kryder Law Group, LLC Accident and Injury Lawyers can help you pursue justice and maximum compensation for your damages.
Depending on the circumstances of the case, damages may include reimbursement for medical bills and other medical expenses, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and other costs associated with the injury or the drowning accident.
How Can a Chicago Swimming Pool Accident Lawyer Help?
At The Kryder Law Group, LLC Accident and Injury Lawyers, our attorneys understand the stress and trauma associated with serious injuries and accidents. that occur at swimming pools.
We are well-versed and experienced in practicing Illinois law including premises liability law. Our law firm will handle every aspect of your case, from investigating the accident to negotiating a settlement or taking your case to court if maximum compensation has not been achieved.
How Long Do I Have to File a Claim in a Wrongful Death Case?
In Illinois, wrongful death cases must be brought within two years of the date of the accident or injury. The Kryder Law Group, LLC Accident and Injury Lawyers is experienced in wrongful death claims and can help you file a case before the statute of limitations expires.
A Free Case Evaluation and Consultation
Contact us today for a free consultation and learn more about how we can help you. With The Kryder Law Group, LLC Accident and Injury Lawyers on your side, you can be sure that your rights and interests will be fully protected.