Swimming pool injuries can strike any person at any time, but young children are the most likely victims in these cases. Ironically, injuries are more common when groups of adults supervise a child. Each adult assumes the other adult is watching the child closely.
Damages in a swimming pool injury claim usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.
Swimming Pool Drowning
Lack of supervision is not the only issue. Many swimming pools have faulty drains which create dangerous undercurrents or riptides. These hazards are difficult to detect, even for the swimmers, and extremely dangerous for small children who are not strong swimmers.
Even a few moments at the bottom of the water is sufficient to cause a permanent brain injury. These injuries could mean hundreds of thousands of dollars in medical bills, along with a lifetime of pain and suffering.
Generally, property owners have a duty of care to prevent these kinds of injuries. If they have such a duty, and if they know about a potential hazard but do not address it, they could be liable for damages.
In other situations, Texas' negligence per se doctrine applies in swimming pool drowning injury claims. Depending on the jurisdiction, swimming pool must have certain safety features, such as a self-latching gate which operates from the pool side, an unclimbable fence or barrier which completely surrounds the pool, and a water or door alarm. If the swimming pool is not up to code, and that violation substantially caused the injury, the owner may be liable for damages as a matter of law.
Swimming Pool Poisoning
Several types of swimming pool poisoning injuries are possible, especially in indoor pools. Victims with pre-existing medical conditions are especially vulnerable to these incidents. These incidents include:
Excessive Chemicals: Chlorine and other pool cleaning chemicals are incredibly toxic. If the chlorine level is even a little too high, swimmers could sustain chemical burns, especially in the ear, nose, and throat areas.
Bacterial Infections: On the opposite end of the spectrum, if the pool does not contain enough cleaning chemicals, dangerous bacterial infections could develop, especially in warm water indoor pools.
Poison Gas: When chlorine and water mix, they form chlorine gas. If the pool's pump is working properly, it dispatches chlorine gas. But if the pump is defective or inoperative in any way, a cloud could form.
Generally, the eggshell skull rule states that victims with pre-existing medical conditions are entitled to full compensation in personal injury matters.
Swimming pool mishaps often cause serious injuries. For a free consultation with an experienced personal injury attorney in Fort Worth, contact Herreth Law. Attorneys can connect victims with doctors, even if they have no insurance or money.