Swiming Pool Accidents

Swimming pools are prevalent throughout our State and are a source of recreation and happiness to children and adults alike. Unfortunately, inescapably attached to these pools are a multitude of risks and potential injuries. At times, those injuries can be catastrophic and may include death or paraplegia. We routinely evaluate pool accidents that result in concussions, fractures, cervical spine, thoracic spine, and lumbar spine injury.

Treading Water: What are the unique legal responsibilities of pool owners and their swimmers?

The law imposes various legal requirements and obligations on individuals and/or entities that have custody and control over the pool and surrounding premises. Even more, these obligations differ between privately owned pools and publicly/city owned pools, thereby requiring each pool injury to undergo its own unique legal analysis to determine the level of responsibility and duty an individual or entity owes to those utilizing the pool. Likewise, different legal responsibilities and obligations attach to the swimmer; the law views invited swimmers, child swimmers, and trespassing swimmers differently and protects each differently.

Generally, pool owners are responsible for acting in a reasonable manner to protect individuals using the pool and/or individuals they reasonably expect to have access to the pool. Pool owners are responsible for erecting fences around the pool, posting warnings regarding pool depth and/or warnings regarding other dangers, performing general maintenance and upkeep, and properly lighting the pool. Owners may have myriad of other responsibilities depending on the unique situation.

Plugging the drain; pool owners typically cannot insulate themselves from liability via waiver.

Sometimes, both public and private pool owners may attempt to protect themselves by requiring invitees to sign waivers or exculpatory agreements. You should know that said agreements are strongly scrutinized in Connecticut and are often thrown out and void as against public policy. Thus, even if you have signed one of these “agreements,” it is extremely important that you do not give up on your case and that you have one of our skilled BPS Attorneys review it.

As can be gleaned from the above, the path to ultimately proving negligence at trial can meander in a number of ways and, while that path may be uncertain, you can guarantee that BPS personal injury attorneys will work zealously to protect yourself or a loved one after a pool accident in order to get the compensation that your family deserves.