PHOENIX SWIMMING POOL ACCIDENT LAWYER
There are thousands of pools in Arizona, which creates a concern for swimming pool accidents. Swimming pool drowning accidents are a huge concern for pool owners, especially for parents of young children. The National Safety Council (NSC) estimates there are over 7,000 drowning deaths each year in the United States. At least eighty percent of the drowning deaths occur in spas or residential pools.
For children, swimming pools can be especially dangerous. Drowning accidents are the second leading cause of death for children under 15 years of age and the leading cause of death for children under five years of age. It is estimated that 5,000 children are hospitalized for near-drownings each year. Adults are also at risk for drowning deaths. Drowning is the fourth leading cause of accidental death in the United States.
Because the risk of death by drowning or risk of being injured in a swimming pool accident, the Arizona Legislature enacted laws requiring pool owners to take reasonable measures to protect against swimming pool accidents.
Responsibilities of Pool Owners in Arizona
If you own a pool in Arizona, you must understand your duties and responsibilities as a pool owner. Under state law, pool owners may be held legally responsible for maintaining a safe environment around your pool. Creating a safe pool environment begins with meeting the minimum safety requirements in Arizona for pool owners. Failing to take measures to secure a safe environment and prevent pool accidents could result in personal liability for the pool owner.
Generally, owners of swimming pools must implement the following measures:
- A fence is required for all ground-level pools in Arizona. The fence must comply with state law. One requirement is that the fence is at least five feet in height. You must also have a self-closing, self-latching gate.
- When your pool is in use, you must provide supervision to prevent swimmers from taking unsafe actions.
- It is also your responsibility to educate anyone with a child under seven years of age who purchases your home or leases your home about swimming pool safety.
- You must also purchase, install, and maintain life-saving equipment for your pool.
- A pool owner is required to have liability insurance to cover anyone injured in a swimming pool on the property.
For more pool safety requirements, you can check with the Arizona Department of Health Services (ADHS). Another very important note to remember is that local laws or ordinances can supersede state law if the local law is equal to or more restrictive than the state law. Therefore, all swimming pool owners should check with their local city or county governments to ensure they comply with all pool safety requirements.
Examples of Swimming Pool Accidents
There are many ways that a person can be injured in a swimming pool. Some common examples of the causes of pool accidents include:
- Accidental drowning deaths
- Pool drain accidents
- Inadequate or missing drain covers
- Uncovered pools
- Inadequate supervision
- Diving board accidents
- Lack of life-saving equipment
- Slip and fall accidents because of wet surfaces
- Lack of fencing or inadequate fencing and gates
- Stair and ladder accidents
- Roughhousing or inappropriate behavior
- Chemical injuries because of too much chlorine
- Too many people in the pool at one time
- Consumption of alcohol or drugs
- Running around the edge of the pool
- Lack of warning signs
- Diving into shallow water
As you can see, there are many ways a swimmer can be injured in a pool. In some cases, an accident at a swimming pool could fall under one or more of the state’s personal injury laws. Because of the potential for danger, owners of swimming pools are held to a high standard of care to take reasonable steps to prevent tragic accidents.
Personal Injury Claims and Wrongful Death Claims for Pool Accidents
The liability for a swimming pool injury or drowning death typically rests with the pool owner. If the pool owner has not met all state and local safety requirements, the owner may be found negligent under the state’s premises liability law. Likewise, if the owner does not maintain the pool, repair a broken fence, replace a rusted ladder, or provide adequate supervision, the owner could be held personally liable for damages. As discussed above, pool owners accept an elevated level of liability when they choose to place a pool on their property.
However, another party could be responsible or partially liable for the pool occupants’ injuries as well. For example, if a piece of life-saving equipment is defective and that results in a drowning death, you could have a wrongful death claim against the manufacturer.
It is very important to consult with an experienced swimming pool accident attorney who can investigate the claim to determine who is liable. You need to ensure you file your claim against the correct party so that you can recover compensation for your medical expenses, lost wages, physical pain, mental anguish, and other damages.
Phoenix Swimming Pool Accident Lawyer Offers Free Consultation
Contact us at 480.802.8232 or fill out the form below.
You may need legal advice from a personal injury attorney with experience handling swimming pool injury claims if you have been hurt in a swimming pool accident. The Arizona swimming pool injury law office of Amar Esq. PLLC wants to help individuals seek justice for their families.
For a free consultation with a Phoenix swimming pool accident attorney, call 480-802-8232. If you have questions or want more information about injury claims related to swimming pool accidents, you can also use the contact form on our website to contact our office.