Swimming Pool Accident and Injury Lawyers in Las Vegas

Because of our warm climate, and a seemingly endless number of opportunities to swim to gain relief from the heat, Las Vegas swimming pool accidents are common.

Swimming pool accidents occur in more than homes, but in hotels, casinos and resorts, and public swimming pools and aquatic centers throughout the state. Swimming accidents often result largely from drowning, but can also include slips and falls, head injuries, and severe personal injuries that leave our residents’ lives changed forever.

If you or your loved one is hurt in a swimming pool accident, our Las Vegas personal injury attorneys can help you hold the negligent party who is responsible for their injuries accountable by pursuing the best financial recovery available for your unique case.

Common Types of Swimming Pool Accidents

A swimming pool accident refers to any injury or incident that occurs in or around a swimming pool. These accidents can happen in private, public, or community pools and are often the result of unsafe conditions, lack of supervision, or negligent behavior.

Common types of swimming pool accidents:

• Drowning and Near-Drowning Incidents: Drowning is one of the most severe types of pool accidents and can be fatal, especially for children. Near-drowning occurs when someone is rescued from drowning but still suffers from water inhalation, which can lead to serious health complications.
• Slips and Falls: Wet surfaces around a pool can cause people to slip and fall, leading to injuries such as fractures, sprains, or head trauma.
• Diving Injuries: Diving into shallow water or diving boards can lead to head, neck, and spinal cord injuries if the diver hits the pool floor or side.
• Entrapment in Pool Drains: Pool drains can create powerful suction, which may trap a person, particularly young children, against the drain. This can result in drowning or serious injuries.
• Chemical-Related Injuries: Incorrect levels of pool chemicals, such as chlorine, can cause skin irritation, eye injuries, and respiratory problems.
• Electrocution: Electrical components around a pool, such as faulty wiring or ungrounded pool lights, can cause electrocution.
• Falling into the Pool: People, particularly children or the elderly, may accidentally fall into the pool, leading to the risk of drowning or injury.
• Pool Toy or Equipment Accidents: Inflatable toys, slides, or other equipment can lead to accidents if they malfunction or are used improperly.

Swimming Pool Accident Statistics

According to the Centers for Disease Control and Prevention, drowning is the leading cause of unintentional injury deaths.

Nationally, about ten people die each day from drowning, and approximately two of those deaths are children aged four and younger.

Others who account for high rates of drowning in the country are:

• Males account for 80% of fatal drownings
• African American death rates from drowning are 9% greater than the rest of the population
• Among children between five and 14 years old, drowning deaths in African Americans was 116% higher than the rest of the population
• Over half of non-fatal drowning victims who are treated in emergency departments need additional hospital care compared to the 6% hospitalization rate for all unintentional injuries

The hazards associated with swimming pools can also affect seasoned swimmers when negligence plays a role in their maintenance. Vents and drainage systems can injure or trap any swimmer, no matter their strength. Faulty covers can allow small children to fall through and become trapped underwater. Wiring complications, lighting systems, and even worn and weathered pool furniture all become safety factors when they are not properly maintained.

When they do, people get severely injured and some lose their lives.

Sadly, those who suffer near-drowning accidents may have lifelong injuries that require long-term care, including:

• Serious brain damage that can result in memory problems and learning disabilities
• Permanent loss of function including paralysis or persistent vegetative state

If you have been injured in a Las Vegas swimming pool accident, or have tragically lost a loved one who drowned, our personal injury attorneys want to help you seek justice in the form of financial recovery.

Who is Liable for a Swimming Pool Accident?

Liability for a swimming pool accident can depend on several factors, including the cause of the accident, the location, and who is responsible for maintaining the pool. Generally, property owners, pool operators, or even manufacturers can be held liable under certain circumstances. Below are the common parties that may be liable for a swimming pool accident:

• Private Pool Owners: Homeowners with pools must take reasonable steps to prevent accidents. This includes maintaining pool safety features like fences and gates, ensuring the water is clean and chemicals are balanced, and supervising children.
• Public Pool Owners: Public pools are subject to stricter safety regulations. The owners must ensure that the pool area is safe, properly maintained, and monitored by lifeguards when necessary. They also must ensure that the facility complies with local and state safety regulations. If an accident occurs due to poor maintenance, unsafe conditions, or a lack of supervision, the property owner could be held liable for injuries.
• Pool Management or Operators: In cases where a pool is managed by a business or third party (e.g., hotels, resorts, community pools), the pool operators are responsible for maintaining the safety of the facility. If accidents occur due to the operators' negligence, such as failing to repair hazardous conditions or not providing lifeguards, they may be held liable.
• Manufacturers: If a defect in pool equipment (such as a faulty drain, diving board, or pool light) caused the accident, the manufacturer of that equipment could be held liable under product liability laws. In this case, the injured party may file a claim against the manufacturer or distributor of the defective product.
• Pool Contractors: If the accident was caused by poor construction, improper installation of pool equipment, or a design flaw, the contractor responsible for building or maintaining the pool could be liable. For example, if a pool’s drain is improperly installed and leads to entrapment, the contractor could be held responsible.
• Lifeguards or Staff: In public pool settings, lifeguards or other staff responsible for overseeing pool safety can be liable if they fail to act appropriately during an emergency or neglect their duties. However, liability often falls on the employer rather than the individual lifeguard.
• Parents or Supervisors: In some cases, liability may be shared with parents or supervisors if a lack of supervision directly contributed to a child’s accident. However, this is typically examined on a case-by-case basis.

How Can Swimming Pool Owners Prevent Drownings?

Swimming pool owners must display a reasonable duty of care to those who use their facilities, even when it is a private pool in their backyard.

Important ways to decrease swimming pool deaths include:

• Formal swimming lessons
• Teaching basic survival skills, such as righting oneself in the water
• Training a child how to proceed a short distance in water
• Learning how to tread water
• Fencing a pool off on all four sides from the surrounding area
• CPR given by someone close by
• Use of life jackets
• Being watchful and never leaving a young child unattended in a swimming pool
• Have a lifeguard on duty

Deaths from drownings and other swimming pool injuries could be decreased by resorts or hotels that take greater responsibility for guests’ safety. In Las Vegas, the potential for swimming pool accidents are high due to the volume of alcohol people consume at pool parties and while staying at Las Vegas hotels and resorts.

If you or someone you love is injured or has tragically lost their lives in a swimming pool accident, contact our experienced Las Vegas premises liability lawyers at the law firm of Bertoldo Carter Smith & Cullen to schedule a consultation today at (702) 505-8115.