Des Moines Swimming Pool Accident Attorney
Swimming Pool Accidents in Iowa
Swimming pools have become staples in American life. We love to host parties around them, grill beside them, and swim in them. Unfortunately, far too many accidents occur in and around swimming pools. The types of accidents that can happen near pools range in severity, but the most serious instances involve drowning. Additionally, swimming pool accidents can happen when a child has access to a pool and is unsupervised, such as when a pool lacks proper fencing. This is why individuals who have pools on their property must adhere to certain safety guidelines to prevent potentially tragic accidents.
When swimming pool accidents happen as a result of the failure of the property owner to take preventative safety measures, injured individuals or their families may be able to pursue financial compensation for this negligence. At the LaMarca Law Group, P.C., our Des Moines swimming pool accident attorneys are dedicated to upholding the rights of those who have been injured due to the negligence of others.
Types of Swimming Pool Accidents
When we think of swimming pool accidents, we tend to think of drownings. While these are certainly some of the most serious types of swimming pool accidents, they are by no means the only ones. In fact, there are many ways in which people can be injured in and around swimming pools.
Some of the most common swimming pool accidents involve:
- Drownings and near-drownings
- Slips, trips, and falls
- Child injuries/drownings
- Pool drain injuries
- Diving board accidents
- Wrongful death
These and other pool-related accidents can lead to all types of injuries, from traumatic brain injuries and spinal cord injuries to broken bones and fractures to serious cuts, scrapes, lacerations, and bruises. In severe cases, victims may even experience fatal injuries.
Swimming Pool Accidents & Personal Injury
There are several circumstances that are unique to swimming pools and that frequently cause injuries, such as slippery surfaces, dangerous diving boards, and faulty drainage systems. While the majority of swimming pool accidents involve children, adults are not immune to the threat of such conditions. That’s why swimming pool owners should always stay vigilant in ensuring the safety of their guests.
Victims of negligent property owners may be able to file claims for the following:
- Pain and suffering
- Physical rehabilitation costs
- Medical treatment costs
- Lost wages
- Wrongful death
In the wake of an accident, you need to be free to focus your energy and time on healing, whether the trauma you suffered was physical, mental, or both. The last thing a victim should have to worry about is paying for the cost of his or her injuries. As such, an experienced attorney can help you pursue financial compensation from the liable party.
Holding a Negligent Property Owner Accountable
Swimming pool accidents fall under a type of personal injury law known as premises liability. Under premises liability law, you can hold negligent property owners accountable when they fail to adequately maintain their premises or fail to properly and promptly repair, remove, or warn of dangerous conditions.
To bring a premises liability claim, you will need to prove the following elements:
- You were injured due to a defective or dangerous condition
- The property owner knew about or reasonably should have known about the condition
- The property owner failed to take reasonable measures to remove, repair, or warn of the condition
- You were lawfully on the property when the accident occurred (with some exceptions)
- The condition was not so open and obvious that you could have easily avoided it
- You were not acting negligently
- You suffered injuries and/or damages because of the dangerous condition
While property owners often do not owe a duty of care to trespassers, there is an exception for children and minor teens who are drawn to properties due to what are known as “attractive nuisances.” As such, property owners are liable for injuries caused by attractive nuisances when they fail to take appropriate steps to keep children safe. When it comes to swimming pools, this means putting up proper fencing and locking mechanisms to ensure children do not accidentally fall in and drown. Even if a minor trespasses on someone else’s property, the property owner could be held legally liable for the child’s injuries under attractive nuisance laws.
Contact a Des Moines Swimming Pool Accident Attorney
If you or a loved one has been the victim of swimming pool-related negligence, it is in your best interest to contact a qualified personal injury attorney as soon as possible. At the LaMarca Law Group, P.C., we understand what you’re going through, and we want you to know that you don’t have to face it alone.