Am I Liable for Injuries in my Phoenix Swimming Pool?

who is held liable for swimming pool injuries

With summers reaching highs of 120-degrees Fahrenheit in Phoenix, Arizona, many people are fleeing to swimming pools to escape the heat. Six of the cities in the Valley of the Sun, including Scottsdale, Mesa, Chandler, Tempe, Gilbert and Glendale made the Realtors.com list for top ten cities with the highest percentage of backyard pools. Unfortunately, the high concentration of residential pools in the Phoenix metro area, means there are also a lot of swimming pool injuries.


It doesn’t take long for fun in the sun to become a disaster. Pool fatalities increased from 2019 to 2020 based on findings from the YMCA of the Valley and the Drowning Prevention Coalition of Arizona.


With a pool comes great responsibility. It is up to the owner of the pool to ensure safety precautions are taken. Arizona pool owners are legally obligated to create a safe environment if they are going to have a pool in their backyard. 


Facts About Pool Injuries 


The number of people injured as a result of pool safety negligence nationwide is astounding. According to the CDC:


  • Drowning is the number one cause of unintentional death for children between the ages of one and four
  • On average there are 11 drowning deaths per day and 22 non-fatal drownings per day
  • Drownings can cause brain damage and long-term disabilities
  • More than 40 percent of drownings treated in the ER require stays in the ICU  
  • Drowning is the second leading cause for unintentional death for children ages one to four years old
  • Nearly 80 percent of people who die from drowning are male
  • A pool fence can reduce a child's risk of drowning by 83 percent

 

Adults and Swimming Pool Injuries


Although children under the age of 14 are the most susceptible to pool injuries, adults aren’t immune to water related accidents and drowning. Alcohol or drugs are frequently contributing factors when adults suffer swimming pool injuries.

 

Alcohol and pools are not always a good combination. The CDC also reports up to 70 percent of adult deaths with alcohol involved are associated with water recreation.

 

Pool Installation Negligence and Maintenance

 

Anyone is at risk if the design of a pool is not up to safety standards. If the pool decking is unstable or the pool is not deep enough for diving and isn’t properly marked, someone could get injured. An offset diving board or slide could also cause someone to hit their head on a hard surface.


Pool owners can protect themselves from liability by making sure swimmers are adequately warned of depth and the risk of diving.


If a pool is not well maintained, cracks and other faults that surface from wear and tear or poorly balanced pool water can cause harm.


Taking a lot of precautions doesn’t insulate you from the risk of liability as a pool owner. That is why it is important for pool owners and facilities to monitor and take adequate care of their pool.


Swimming Pool Safety to Help You and Your Guests Avoid Pool Injuries


Pool owners and facilities must take great care in ensuring the safety of others by setting and enforcing rules. That is why there is always a lifeguard on duty at public pools, people fence off pools and extra steps are taken to prevent children from having easy access to pool areas. Here are some safety guidelines that can lessen the risk for pool personal injuries:
 

  • Enforce a no running or rough housing around the pool rule
  • Make sure guests are wearing non-slip shoes
  • Ensure children are supervised at all times, not just while swimming
  • Put a fence or barrier around the pool that stays locked
  • Thoroughly inspect your pool upon installation
  • Schedule regular cleanings and water testing

 

What Is a Phoenix Swimming Pool Injury Lawsuit?


Pool personal injury lawsuits are filed against the owner or manager of a pool for an incident that happened at their pool.

 

The pool owner or manager can be held accountable under premises liability laws, and the injured parties can potentially collect compensation for medical expenses, lost wages, pain and suffering and in some cases wrongful death. 

 

Judges and juries often determine that these injuries were caused by negligence when pool accident injury cases make it to court. That’s one of the reasons so many swimming pool personal injury and wrongful death cases get settled out of court during negotiations.


Pool injury lawsuits are complicated and often become emotionally charged, especially when children are involved. If you or a loved one has suffered a serious pool injury or you’ve lost a loved one because of an improperly secured or maintained swimming pool, a Phoenix personal injury lawyer can help you navigate the process.


To learn more about collecting compensation for a pool injury, consider contacting one of the PHX Elite Lawyers listed on our website. 


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