It is summer here in Mississippi, which means that everyone is spending as much time as possible floating in the pool. There is nothing that I love more than the sound of children playing in the water, but there is nothing worse than the drownings that predictably occur each summer. Tragically, almost all of these drownings are preventable, and their cause is consistently some form of negligence on the part of the adults charged with protecting children from harm. In this blog post, I will describe the causes of drownings and what you should do, heaven forbid, if your loved one drowns in a pool.
If you have experienced the tragedy of a pool drowning, you will need to have experienced counsel help you attain your fair share of compensation for your loss. Barrett Law has the experience to help you—contact us now at (800) 707-9577.
What You Need to Know About Drownings
Ten people die every day in the U.S. in swimming-related drownings. For every person that drowns, five more are hospitalized due to a near-drowning. Pools must be maintained so that they are safe, and there must be adequate lifeguard or adult supervision to keep children safe. Many children are injured in pools that are not maintained adequately or lack sufficient signage to warn them of dangers related to diving into shallow water. Similarly, adults must be able to observe children playing above ground pools, as this pool’s construction often obscures the view of those charged with keeping children safe. Both indoor and outdoor pools must have filter caps and other suction devices that will not entrap children who often play near them. Ladders must be solidly affixed to prevent unintentional slips and falls.
Negligence and Attractive Nuisance
To have a successful claim against the owner of a pool, you will usually have to prove that he or she was negligent or that the pool was an attractive nuisance. “Negligent” means that the person had a duty to protect the public and failed to take reasonable steps to meet that duty, resulting in an injury. With pools, the responsibility to protect the public is quite high, as they are a known danger and are frequented by children who cannot adequately protect themselves. Pool owners must reasonably maintain their pool and provide adequate supervision to keep swimmer safe.
An “attractive nuisance” occurs when a landowner owns something—here a pool—known to be attractive to children, that is a danger to children, that poses a risk that is difficult for children to comprehend fully, and that is not sufficiently guarded or walled off to protect children from hurting themselves. This is why pools must be fenced off with a fence high enough to keep children from easily wandering into the pool. Similarly, a half-filled swimming pool is an attractive nuisance because children can easily climb into it, but may have great difficulty climbing out. The issue of “reasonableness” is often at issue in these cases, as parties rarely agree what is reasonable to prevent children from accessing a dangerous hazard.
What Should You Do If Your Child Has Been Injured While Swimming in a Pool?
As I described above, if your child or loved one was injured in a swimming accident, you will need the assistance of a talented personal injury attorney to demonstrate that the pool owner was negligent or maintained an attractive nuisance. If your loved one was injured by or drowned in a pool, you should contact an experienced personal injury attorney immediately.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your child has suffered pool-related injury. Contact us now at (800) 707-9577.
