Fall/Winter Swimming Pool Injuries in Lexington

by | Nov 23, 2021 | Injuries

If you thought that the risk of swimming pool injury disappears when the weather turns cooler, think again. There are dozens of indoor swimming pools in the area. As Old Man Winter approaches and moves into the neighborhood, these facilities get more and more crowded. Frequently, however, they have the same staff levels they had in the spring and summer. So, the risk of injury increases. And, this risk is already very high.

Usually, property owners are responsible for the indoor pool-related injuries listed below. Hotel guests, apartment tenants, and gym members are invitees under Kentucky law. Therefore, the owner has a duty of care to keep the property reasonably safe. Owners are liable for injuries if they knew about, or should have known about, the hazard that created them.

In a few cases, a defective product causes injury. This product defect could be a design problem or a manufacturing issue. Typically, manufacturers are strictly liable for resulting injuries in these cases. There’s no need for victims to prove fault or negligence.

These victims need and deserve financial compensation for their serious injuries. Fortunately, regardless of the cause of the accident, a Lexington personal injury attorney has legal options in these situations. Typically, these injury claims settle out of court. So, victims receive their compensation sooner than they would otherwise.

Falls

A wet spot on the floor is one of the most common fall hazards in Kentucky. The resulting injuries usually include severe broken bones and head injuries. KNowledge, which was mentioned above, is usually the most difficult element to prove in a fall injury claim.

Usually, these victims must use circumstantial evidence to prove constructive knowledge. Most judges use the time-notice rule to evaluate this evidence. 

Think about a banana peel on the floor. If the peel was yellow, it probably just fell. Therefore, the owner did not have a legal responsibility to pick it up. The situation is different if the peel is black and gritty. In that case, the legal duty probably applies, since the peel had probably been on the floor for awhile.

Drowning

Swimming pool drowning is the leading cause of death for children under 4. Nonwhite children die at a much higher rate than white children. 

Normally, these drownings happen when either no one is around or the pool is crowded. Even if a child sneaks into a private or public swimming pool, the owner is usually still liable for injuries. Drownings in crowds are common because everyone assumes someone else is watching the child. Also, in a busy pool, many children are below the waves for several minutes before someone notices. Those few minutes are sufficient to cause a permanent brain injury which is fatal in many cases. 

Many owners post “No Lifeguard On Duty” and other such warning signs. These signs might or might not protect owners from injury lawsuits. Frequently, the NLOD warning is on a long list of pool rules. If the sign is not as visible, insurance company lawyers often have a hard time convincing jurors that the victim saw the sign. Furthermore, young victims cannot read these signs.

As mentioned, defective products often cause pool-related injuries. In this case, a defective drain could be an issue. If the pool drain is broken, it can create an invisible riptide. These riptides suck almost anyone under the water even if they are experienced swimmers.

Poisoning

A defective product could also cause a swimming pool poisoning injury. This time, a defective pipe or filter could be the culprit.

Owners use chlorine and other toxic chemicals to clean their pools. The pool equipment must remove the chlorinated water and replace it with fresh water. If that does not happen, chlorine gas could build up inside the mechanism and leak out into the pool area. These poison gas clouds are especially hazardous to people with pre-existing conditions.

The reverse is true as well. If the pool does not have enough chlorine, bacteria could build up in the water. The danger is especially high in heated indoor pools. Once again, this bacteria is especially harmful to people with certain allergies and other pre-existing conditions.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. You have a limited amount of time to act. #goodelawyers