If You Were Injured in a Swimming Pool, You May Have a Legal Claim

 Posted on November 30, 2021 in Personal Injury

Going to the pool is a popular pastime for many. Unfortunately, for thousands of Americans, their time at the pool ends with more than a nice tan. According to the Pool Safety Foundation, more than 2,000 children under the age of five suffer submersion injuries every year, and many of these injuries occur at pools. Thousands of adults suffer injuries as well.

Victims that survive are often left with debilitating permanent disabilities, such as brain damage. They may have difficulty concentrating and recalling information, making a normal life difficult. In addition to physical injuries, victims face other challenges, such as medical debt and financial instability.

Although their situation is dire, they may have a cause of action under Illinois premises liability law. If their injuries were caused by the pool owner’s negligence, they can file a lawsuit against them. A successful suit may result in a significant financial award.

Premises Liability Claims

Under the Illinois Premises Liability Act, pool owners have a duty to maintain their property, keep it free from hazards, and provide security.

When a pool owner fails to meet their duties under the Act, and someone is injured as a result, they can be sued for negligence.

For the lawsuit to be successful, the plaintiff must demonstrate that his injuries were caused by the pool owner’s negligence. Furthermore, the injuries must be more than nominal in nature, meaning it must be possible to assign them a monetary value.

Attractive Nuisance Claims

Pool owners may also be liable under the Attractive Nuisance Act. This doctrine recognizes that the pool itself can be a hazard, especially to young children who are naturally drawn to bodies of water and incapable of assessing risk. The Act addresses this risk and imposes an obligation on pool owners to take the necessary steps to prevent children from trespassing on the property.

Pool owners are expected to keep all entrances secure, install security features such as cameras and fences, and place “no trespassing” or “warning” signs around the premises.

If the pool owner fails to satisfy their duties under the Act, and a child is injured as a result, they could face legal action.

Contact a Joliet Personal Injury Lawyer

McNamara Phelan McSteen, LLC understands that when a person is seeking the help of a personal injury lawyer, they are probably facing tremendous hardship. This is why we believe communication and understanding client needs are integral to legal representation. We see ourselves not just as legal professionals, but as advocates.

We have provided Illinois residents with dedicated legal services for years, obtaining unparalleled results for our clients.

If you need a Joliet personal injury lawyer that goes the extra mile for their clients, call McNamara Phelan McSteen, LLC today at 815-727-0100 for a free initial consultation.

Source: 

https://www.poolsafetyfoundation.org/education-research/2019-pool-safety-statistics/