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Swimming Pool Accidents—Death from Inadequate Supervision or Homeowner Neglect

When the Mississippi summers turn hot and humid, few things are as refreshing as a dip in a cool swimming pool. Unfortunately, far too many injuries and deaths result from swimming pool accidents. These accidents may be caused by inadequate supervision of children or homeowner neglect. Throughout Southaven, Olive Branch, Horn Lake, Hernando, Desoto County and surrounding areas, Stroud, Flechas & Dalton helps those who are victims of swimming pool accidents put their lives back together and receive financial compensation they are entitled to.

Are owners of swimming pools liable for drowning accidents and swimming injuries?

We fully understand that no amount of money can compensate a family for the loss of a child or for serious injuries which resulted in a swimming pool accident. To ensure a family has the financial resources necessary to help the victim of a swimming pool accident recover from his or her injuries, experienced legal representation is crucial. Being well-represented following a swimming pool accident can also help ensure such a tragedy does not occur again due to inadequate pool supervision or homeowner neglect. According to the Consumer Product Safety Commission the following statistics represent pool accidents for children younger than 15:

  • Between 2012 and 2014, there were 5,400 non-fatal drowning injuries for children who were 15 or younger, which required emergency room treatment, the majority of which were associated with pools rather than spas.
  • Between 2010 and 2012, there were 382 pool or spa-related drownings for children younger than age 15.
  • One to three-year olds represented 64 percent of the non-fatal drowning accidents between 2012 and 2014.
  • Nearly half of all non-fatal drowning injuries which occurred between 2012 and 2014 for children 15 and younger occurred at a residence.
  • Fifty-five percent of reported drownings occurred in in-ground pools, while above-ground pools accounted for 18 percent and portable pools for 7 percent.

For drowning accidents for children and adults, the CDC statistics show that:

  • Nearly 10 people die each day from unintentional drowning. Of these two are younger than 15.
  • Drowning ranks fifth among the leading causes of unintentional injury deaths in the U.S.
  • Many of the nonfatal drowning injuries left the victim with severe brain damage or long-term disabilities such as learning problems, memory problems or permanent loss of basic functions.
  • Nearly 80 percent of people of all ages who die from drowning are male.
  • Children between the ages of 1 and 4 have the highest drowning rates.

Inadequate Supervision for Children in Swimming Pools

There are few accidents more terrible than those involving children and water. Drowning accidents for both children and adults occur in private swimming pools and spas, hotel and motel swimming pools, city and county pools and water parks. When children are in a pool, an adult should always be present with 100 percent of their attention on watching the children in the pool. In fact, lack of supervision and lack of fences or other barriers to the pool are the primary causes of drowning accidents. Some municipalities even require that people with pools have fences surrounding them, since many pool drownings for children are the result a homeowner who did not take the proper precautions to fence the pool area, effectively keeping unsupervised children away from the pool. A neighbor’s backyard can become a very dangerous area, particularly when there is no fencing or a gate is broken. A hotel or motel swimming pool can be a danger zone due to:

  • Lack of pool ladders;
  • Damaged pool ladders;
  • Murky water;
  • Inadequate pool maintenance;
  • Overcrowded pool;
  • No lifeguards or poorly trained lifeguards;
  • Missing or poorly maintained safety equipment;
  • Disrepair of the pool security fence, or
  • Defective self-latching or self-closing gates.

If you or your child were injured in a swimming pool accident, you will likely need to file a claim against the insurance company providing homeowner or liability coverage to the person or business that owns the pool. There are many details to consider when filing such a claim, including putting together the evidence to support the claim, filling out confusing paperwork, and dealing with unsympathetic insurance companies. For your peace of mind, and to ensure your rights are fully protected, contact Stroud, Flechas & Dalton. Our attorneys have a significant amount of experience helping victims of swimming pool accidents get the compensation they deserve to pay the medical expenses and get their life back on track. Call (662) 536-5656 today to get the legal help you need and deserve.