Denver Drowning Accident and Pool Injury Lawyers

When Poolside Fun Leads to Danger, Our Attorneys Can Fight for You and Your Child

A child can drown in less than the time it takes to answer the phone. Most instances of children drowning take place at home, where an unsupervised child can slip underwater. Drowning is the second-leading cause of accidental death for children between 1-4 years of age and also those between 10-14 years of age. Around 800 children under the age of 14 suffer fatal drowning accidents each year and another 3,600 are injured in them.

At The Gilbert Law Group®, our team strives to be a voice for those who have been injured. We understand how important it is to protect your family, so if you or a loved one has been injured in a drowning accident, don’t hesitate to reach out to our firm. We can help you evaluate your legal options and take action to hold the liable parties accountable.

Schedule your free consultation by calling (888) 711-5947. Our Denver attorneys can help you understand your legal options if your child was injured in a drowning accident..

Effects of Drowning

The depth of a pool makes no difference when it comes to the danger of a drowning accident. Parents should supervise children whenever they are around water. Kids who are not strong swimmers should wear proper flotation devices. And no one, adult or child, should swim while intoxicated or alone.

For every child who dies from drowning, 5 more end up in the emergency room after being pulled out of the water. Nearly half of these children end up being transferred to a hospital, and some suffer permanent brain damage. Brain cell death can happen in under 5 minutes when a child is deprived of oxygen, leaving them with disabilities including:

• Memory problems
• Learning disabilities
• Loss of basic functions

Aside from the emotional hardship of seeing your child suffer this way, near-drownings come with a high price as well. Medical expenses have been estimated to top $75,000 for the injury itself, and then up to $200,000 a year after that. If someone else was to blame for your child’s accident, it is imperative you pursue compensation.

Liability in Drowning Cases

Does a parent whose child is a victim of a drowning incident have any recourse against those who owned the pool or other dangerous equipment? In some cases, yes. Our attorneys are here to listen to your story and provide an honest assessment of your legal rights in a free consultation.

Courts have found property owners with a pool or other standing water on their land liable for injuries under several different theories. The law varies from state to state, but you may be able to bring a claim for:

1. Simple Negligence. Some states will find a landowner liable for damages for the simple negligence of failing to protect children by not putting up fencing or other barriers to their pools or other water hazards.
2. Attractive Nuisance. All landowners are responsible for the safety of any child who is injured on their land by anything they might find intriguing. Even if the child is trespassing, the law protects them under the assumption that kids will be drawn to interesting items or situations on a property. Swimming pools and lakes or ponds are just 2 of the things covered by this doctrine.
3. Willful or Wanton Misconduct. This theory of legal liability goes beyond mere negligence and involves behavior which any reasonable person would think could endanger a child. It includes, for instance, causing danger by building a swimming pool that doesn’t conform to regulations.

To determine whether you are eligible to file a claim, you should speak to an experienced and knowledgeable attorney, like one of our team members at The Gilbert Law Group®.

Drowning Accidents Caused by Defective Products

Certain defective products can create dangerous drowning hazards to young children. In these cases, designers, manufacturers, retailers, and installers may all potentially be held liable for resulting drowning injuries.

Some of the many dangerous products known to create drowning risks include:

• Thin, easily damaged inflatable pool toys
• Pool toys with loose air valves, netting, or weak materials
• Bath seats with tip-over risks
• Infant bathtubs
• Defective toilet locks for toddlers
• Defective swimming pool gates and latches
• Inflatable pool slides
• Pool drains and pumps that create suction entrapment hazards
• Defective pool alarms

If you believe a product failure was involved in your child’s injury or death, reach out to our attorneys for assistance. Our in-house engineering team can collect evidence and run simulations to help us (and a potential judge and jury) understand how a defect was involved.

Other Poolside Accidents

While a drowning accident is most parents’ main worry at the pool, children can sustain other injuries while playing at or around the pool. You may also be able to file a claim in certain instances if your child suffers one of the following.

Head Trauma

There is a reason lifeguards at public pools prohibit people from diving in the shallow end: Doing so could result in a traumatic brain injury. If a diver’s momentum takes them to the bottom of the pool, they can be seriously injured.

Outcomes of a pool-related head injury include:

• Pain
• Unconsciousness
• Long-term disability
• Death

To avoid a traumatic head injury, never dive in the shallow area of the pool. All pools should have clear depth markings and warnings for divers.

Slip and Falls

Wet conditions and tripping hazards make pool decks dangerous for kids who aren’t paying close attention. The moment the concrete around a pool becomes slick with water, the fall hazard increases. Children and adults should be encouraged to walk, not run, to avoid slipping and falling near the pool. While there is still a chance a person walking by the pool could slip, the chance of severe injury greatly decreases.

Eye Injuries and Infection

It’s important for pool owners to maintain the correct level of chemicals in the water. Too heavy a dose can cause eye irritation to swimmers and too little can mean bacteria flourish, causing eye infections. Both experiences are unpleasant and could lead to permanent blindness if severe enough. To minimize the risk, swimmers should always wear goggles while swimming under water and rinse their eyes out with fresh water after they are finished in the pool.

Staying Safe at the Pool

Nearly 300 children drown in swimming pools and home spas each year and more than 3,200 children visit the emergency room because of pool-related incidents. Pool safety is an important part of pool ownership, no matter who is swimming.

Many factors can contribute to drowning and personal injury where pools are concerned. Here are steps you can take to make your pool a safer place to enjoy.

• Install and maintain proper drain covers. Unsafe drain covers can lead to suction entrapments for swimmers.
• Teach children and adults how to swim. Participation in formal swimming lessons can reduce the risk of drowning.
• Supervise children. A child can drown in a moment. Never leave young children unsupervised near a pool.
• Use flotation devices. Young children and even adults who are not strong swimmers can benefit from the use of flotation devices that allow them to play in the water and keep their heads elevated without tiring or panicking.
• Do not swim alone. Do not allow others to swim alone, either. However strong a swimmer may be, they cannot rescue themself when things go wrong. There is safety in the buddy system.
• Learn CPR. It takes paramedics time to reach you in an emergency. Knowing CPR could save someone’s life while the emergency responders are on their way.
• Fence your pool or use alarms. Young children can wander away from their caregiver unexpectedly. Creating a physical barrier around your pool could save a life.
• Be extremely cautious of alcohol use around the pool area. Intoxication is a factor in many adult drowning deaths. Additionally, it can impact one’s ability to monitor children.

Our drowning and pool accident attorneys fight for families like yours across the nation. Call us at (888) 711-5947 to schedule your free consultation with our Denver-based team.