Handling Cases Nationwide
Uncovered pool drains are a tempting trap, luring young swimmers toward them only to trap them underwater with the power of the drain’s suction force. Children often make a game of attempting to dive down and touch the pool drain or seeing how long they can sit atop a pool drain. Adults, too, can underestimate the suction force of a pool drain and swim too close. Under these set of circumstances, serious injuries or death can result very quickly, as follows:
- A person sitting atop a pool drain can suffer severe organ damage by the force of the drain;
- Suction force from the drain can hold a person under the water’s surface long enough to cause damage associated with a near-drowning accident; and
- A child or adult can be anchored to the pool’s bottom by the suction force of a drain, resulting in a fatal drowning.
Pool owners – whether they be private citizens, corporations, or public entities – are responsible for taking reasonable measures to prevent pool drain cover accidents and make their pools safe for individuals to use. In the case of children, pool owners must take these preventative measures even if they do not permit children to use their pool. Because pools are considered “attractive nuisances” that tempt children to play in and around them, pool owners must assume that a child will use attempt to use a pool even if the child does not have permission to do so.
How Do I Obtain Compensation After a Pool Drain Cover Accident?
Pool drain cover accidents are one type of personal injury lawsuit. Personal injury lawsuits in general require the injured party (you, your child, or your loved one) to present evidence and testimony from witnesses and prove four propositions:
The pool owner owed you or your loved one a “duty of care:”
As explained above, the law imposes certain duties and responsibilities upon a pool owner, including a duty to keep the pool in a reasonably safe condition. Pool owners also generally have a responsibility to inform swimmers of dangerous conditions in the pool (such as an uncovered drain) that either have not or cannot be fixed.
The pool owner breached his or her duty of care.
The next proposition that the injured party must show is that the pool owner “breached,” or failed to carry out his or her duty of care. Evidence showing that a drain cover was missing, that the pool owner failed to perform any maintenance on the pool, or that he or she failed to correct an obvious problem are all examples of a pool owner who has breached his or her duty of care.
The breach caused the injuries you are suing about.
There must be a causal connection between the defective or missing pool drain cover (or other dangerous condition) and the injuries that are the subject of the lawsuit.
Your injuries can be compensated with a monetary award.
Finally, your lawsuit must state an amount of monetary compensation you are seeking for your expenses and losses. Most expenses and losses will need to be backed up with objective evidence like receipts, invoices, bills, and other such documents.
Do I Need the Assistance of an Attorney?
Although the law does not require you to have an attorney represent you in a pool drain cover accident lawsuit, it is highly desirable to have skilled legal representation to assist you throughout the process. Zinda Law Group’s team of pool drain cover accident lawyers are here to help you and your family recover compensation for medical bills and expenses, lost wages, and other losses you incurred. Contact them today at (800) 863-5312 to discuss your situation.
