Expecting the Unexpected: Pool Accidents and Negligence

Expecting the Unexpected: Pool Accidents and Negligence


It’s August, and while other cities are just starting to cool down, you already know that Vegas has a whole lot of summer left in it. Why not have a pool day with your family or friends and enjoy one of the simplest of summer pleasures while you still can?

And while most pool outings end with excited kids bearing a few scrapes and bruises along with the occasional sunburn, they shouldn’t end with a near death experience like what happened to a Las Vegas toddler who nearly drowned in its family’s pool after crawling through the home’s pet door (as reported by KTNV Las Vegas.)

For the record, you, the home owner are responsible for any pool accident on your property, but if you happen to be somewhere like a hotel pool or a waterpark like Wet N’ Wild, then you could seek damages through a personal injury lawyer if the property owner was found to be negligent.

And since a property owner is obligated to provide a safe space, cracks in safety measures such as lack of supervision, slippery pool floors, or a lack of marked pool depths are all forms of negligence for which you can sue for damages if an accident occurs.

This is especially important as drowning happens to be a leading cause of unintentional injury-related death in people under age 20, claiming the lives of nearly 1000 children in the US in 2017.

Even if one only suffers a near death experience like the previously mentioned toddler, one could suffer long-term neurological damage if left in the pool for an extended period of time, especially if CPR isn’t immediately administered.

That said, if you’re a property owner, make sure you keep good maintenance of your pool, have appropriate warnings placed, and keep a good level of supervision over the space.

No matter how honest and well meaning you are, any kind of lapse in safety can turn into an accident for reasons you never could’ve anticipated.

If you’re a pool goer, follow all specified safety precautions, pool rules, and be aware of the depths of water in each area of the pool.

Keep in mind though, the rules regarding premises liability are different if the owner of the pool happens to be the government so be aware before making your case if your accident occurred at a government-owned community pool as they could be immune from your claim on condition.