Swimming Accidents

With its sunny and warm climate during the summer, Indianapolis enjoys a wealth of outdoor activities. Swimming pools are a common feature in backyards across the state. While most people safely enjoy pool-related recreation, there are unfortunate instances where negligence can turn summer fun into a tragic swimming pool accident.

Drowning is one of the most horrifying and common swimming pool accidents. Even with the presence of lifeguards, drowning still occurs. Victims often find themselves trapped underwater due to the powerful suction created by drainage systems. Clothing, accessories, body parts, jewelry, and hair can become entangled in the drain, leading to these distressing situations.

Loosely secured steps or ladders can detach from the pool wall, leading to people who cannot swim falling into the water. Many of these people are children or people with disabilities who, without attentive supervision, can go unnoticed and tragically drown.

The likelihood of slip and fall injuries near a pool is alarmingly high, especially when children run or chase each other around the pool. Water often accumulates at the poolside, creating a slippery surface. A child may fall, hitting their head against the pool’s edge before falling into the water.

According to the Centers for Disease Control and Prevention (CDC), drowning claims an average of ten lives daily in the United States, with two victims being children aged 14 or younger. It ranks fifth among the country’s leading causes of unintentional injury deaths and is the third leading cause of death in children under 14. Particularly vulnerable are children under 5, who are most likely to drown when left unattended in a pool.

Additionally, five others survive near-drowning incidents for every child who drowns, often resulting in severe and irreversible injuries. The Children’s Hospital of Orange County (CHOC) says that after five minutes of submersion, non-fatal drowning cases can lead to brain damage, with approximately 20% of survivors experiencing long-term neurological disabilities and a loss of basic functioning.

If you or your loved one has experienced a swimming pool accident or injury, contact our swimming pool accident attorney. Stephenson Rife, Indianapolis swimming pool accident lawyers, has experience handling claims for children and adults injured in swimming pool accidents. We are dedicated to fighting tirelessly to negotiate a fair settlement and will go to trial if necessary, all to obtain the compensation you deserve. Call us at 317-680-2501 to schedule a free consultation.

Contact Stephenson Rife at 317-680-2501 to book a free phone, video, or in-person consultation.

Why Choose a Stephenson Rife Swimming Pool Accident Attorney?

After a traumatic swimming pool accident, it can be difficult to know the precise cause and identify the responsible parties involved. An experienced swimming pool attorney can help you gain clarity and hold the appropriate individuals accountable. Stephenson Rife provides dependable, strategic representation to fight for you effectively.

Our dedicated team of swimming pool accident attorneys will support you throughout the process, allowing you to heal. Once we accept your case, we will provide a comprehensive legal team to ensure you receive the best service and representation. Our swimming pool accident lawyers will gather crucial evidence and secure witness testimonies that may otherwise be inaccessible.

By leveraging our skills and knowledge, our attorneys can help you pursue compensation to address the following aspects:

• Medical Expenses: Our skilled swimming pool attorneys will work diligently to ensure that all your medical expenses, including hospital bills, surgeries, medications, and ongoing rehabilitation, are considered. We will fight for your right to receive adequate compensation for the financial burden caused by the swimming pool accident.
• Lost Wages and Future Earnings: If the swimming pool accident has led to temporary or permanent disability, our attorneys will fight for compensation to cover your lost wages during your recovery period. We will also take into account the impact on your future earning capacity, ensuring that you receive appropriate compensation for reduced earning potential.
• Pain and Suffering: Swimming pool accidents often result in physical pain, emotional distress, and long-lasting trauma. Our attorney will diligently assess the extent of your suffering and seek compensation reflecting the emotional toll the incident inflicted.

You need an experienced Indianapolis swimming pool accident attorney to handle your swimming pool accident case. Contact Stephenson Rife at 317-680-2501 to schedule a free phone, video meeting, or in-person consultation.

What Are Types of Swimming Pool Accident Injuries?

Swimming pool accidents can lead to injuries in and out of the water. Poorly maintained pool drains can pose a significant risk, potentially trapping a child underwater. Additionally, accidents can occur when unsupervised children gain access to swimming pools due to broken fences or gates.

The common types of swimming pool accident injuries include:

• Drowning
• Near drowning
• Intestinal damage
• Spinal cord injuries
• Traumatic brain injuries
• Compromised respiratory systems.

Timeliness is crucial when it comes to reporting a swimming pool accident injury. Contacting a personal injury lawyer after a swimming accident is important. Acting swiftly can ensure that necessary legal procedures are initiated within the designated timeframe.

Who is Liable for My Injuries?

The property owner’s disregard for safety or failure to maintain the pool may render them liable if a swimmer or visitor sustains an injury. However, it is important to note that pool owners are not liable for every injury that occurs.

Maintaining pool equipment, such as diving boards, pool drains, and ladders, in proper working order is essential. Broken equipment should be quickly repaired with appropriate warning signs posted.

If an injury arises from a malfunctioning or defective pool drain with excessive suction, the manufacturer of the drain may be held liable.

While some swimming pool accidents have apparent causes, others may require a thorough investigation by an experienced attorney to identify underlying safety issues contributing to the injury. At Stephenson Rife, we have the resources to employ investigators who can determine the cause of an accident and identify those who should be held accountable.

The responsible party’s insurance company typically covers compensation awarded after a pool injury.

What Steps Should I Take After a Swimming Pool Accident?

In the unfortunate event of a swimming pool accident, take the following steps:

• Stay calm: It is essential to remain composed after an accident resulting in an injury. Panicking can add stress to those around you and impair your ability to think clearly.
• Call 911: Immediately call emergency services and request an ambulance and the presence of the police. If there is a possibility of another party being responsible for the injuries, it is advisable to obtain a comprehensive written police report for documentation purposes. This report will serve as valuable evidence to support your personal injury claim.
• Avoid admitting fault: Regardless of your belief regarding your responsibility for the injuries, it is crucial not to admit fault or liability at the scene of the incident. Such admissions can complicate the legal process and affect your ability to seek fair compensation.
• Collect witness information: Gather contact details from anyone who witnessed the accident. Witness statements can significantly substantiate and strengthen your claim.
• Gather evidence: Take pictures of your injuries, faulty equipment or hazardous conditions that may have contributed to the accident. Visual evidence can be crucial in building a compelling case.
• Consult an Indianapolis swimming pool accident attorney at Stephenson Rife:  Our experienced swimming pool accident attorneys will thoroughly investigate whether your accident resulted from negligence or the mistakes of another person or organization.

Our priority is to ensure that those responsible for the accident are held accountable, and we will take decisive action to secure compensation for our clients. We are committed to preventing similar tragedies from occurring in the future. By pursuing justice, our team strives to provide exceptional support to the victim and their family, offering solace during this challenging period.

Contact An Experienced Indianapolis Swimming Pool Accident Attorney Today

If you or a loved one has suffered injuries in a swimming pool accident in Indianapolis due to someone else’s negligence, contact Stephenson Rife. Our empathetic legal team will carefully examine the specifics of your pool accident and evaluate your swimming pool injury claim.

We are devoted to holding the responsible parties accountable, promptly seeking answers, and ensuring that you receive the justice and rightful compensation you deserve. Our knowledgeable professionals are dedicated to promoting safety and preventing future tragedies. Contact Stephenson Rife at 317-680-2501 to schedule a free consultation.

FAQs

What is the role of negligence in swimming pool drowning accidents?

When it comes to negligence, there are two types — negligence and gross negligence. The difference is in the degree of conscious disregard or inattention to the safety of others. Gross negligence involves a deliberate and voluntary lack of concern, while negligence entails carelessness or acting in a way a reasonable person wouldn’t. It is important to note that liability waivers may provide coverage for negligence, but they rarely extend to encompass gross negligence.

My drowning accident occurred at a hotel pool or public place. Will the hotel or public place pool liability waivers be enforced?

Many hotels display liability waivers in strategic locations, such as near the pool area or at the front desk. However, it is essential to note that these waivers cannot be enforced if they attempt to absolve all liability for intentional and reckless actions. For example, if a hotel employee pushed a visitor into the pool, knowing that the person could not swim, resulting in drowning, this act would be considered intentional. In such cases, hotels cannot evade liability for intentional acts, and these acts are never protected by the waivers that have been posted.

Who’s liable for a drowning accident in a private swimming pool?

Owning a private swimming pool is a wonderful luxury but also entails significant responsibility. Beyond the essential tasks of maintenance and cleanliness, important legal obligations come with pool ownership. It is critical that you understand your legal liability with your private swimming pool and take proactive measures to shield yourself from such liability.

Failing to implement the necessary precautions to prevent accidental drowning and other pool-related accidents on your property can result in your being held legally accountable for all ensuing damages and losses experienced by the victim and their family.

What does delayed or secondary drowning mean?

Secondary or delayed drowning occurs when swimmers ingest water into their lungs, resulting in potential complications such as breathing difficulties, persistent coughing, chest pain, and extreme fatigue. It is crucial to understand that allowing a child to sleep following such an incident can significantly reduce their chances of recovery or survival. Prompt medical attention and close monitoring are essential to ensure the well-being of the individual affected.