Dying for a Swim – Pool Tragedies

Summer in Montana gets us out in the sun and anxious to cool off in the many private, public and semi-public pools. (Highs in Billings, Montana hover around a hundred degrees in June!) Unfortunately, along with the summer fun there will be an appreciable number of accidents and injuries – many due to improper maintenance or negligence of the swimming facility.

Responsibility for harm

Commercial and public pool owners have a responsibility to keep their facilities up to standards. A hotel or motel pool is a money-maker for the business. The operators have a duty to look after their patrons and provide a safe environment. If they are negligent, in whole or part, a lawsuit is the likely remedy. A number of cases handled by Billings law firms every year are preventable, but it is too late after a personal injury attorney becomes involved.

Common causes or contributions to injury:

• Improper surfaces for walking – either because they are not well maintained and slippery, or because of obstructions that might cause a fall.
• Lack of proper supervision – lifeguards that are properly trained are often required and supervisory personnel have to be able to manage risky behaviors as they occur.
• Poor water quality – too high chlorine levels can cause skin and eye problems; levels that are too low can mean infections or disease transmission.
• Manufacturing problems – water in pools must be circulated through approved outflow fittings that do not catch fingers, bathing suits or long hair. The slope from the shallow end of the pool toward the deep end must be within regulated limits. Diving boards, slides and ladders must meet approved standards.
• Maintenance issues – even the best equipment must be kept in proper shape; lights may burn out and cause visibility problems, loose cement or steps that need repair are dangerous.

Any business or government entity that allows the public to use their swimming pool has to meet minimum standards for upkeep and safety.

Tragic outcomes

One of the worst things that can happen, and a tragedy that seems to play out every year, is the death of child because of a swimming pool mishap. Owners and operators of swimming pools have a special duty when it comes to children and a wrongful death might be the result. The law obligates a layered protection when it comes to children. While the primary caregiver is the first line of defense, society at large is responsible to protect children from any foreseen harm.

Another layer of protection is securing a pool area against entry when there isn’t proper supervision available. Codes require a fence or locked door to keep inquisitive children out. Pool covers have to be designed so that a child will not slip under them and drown. Drains and outflows have to have grates that do not allow small fingers, hands or feet to get trapped.

Even manufacturers of pool related equipment have a duty to provide child-safe products. Water wings, flotation devices and toys meant for pool use can cause injury or death if they are improperly designed or come with misleading instructions.

With the summer heat, the draw of a cooling swim is undeniable, for children and adults alike. With care and consideration, an enjoyable time can be had by everyone. But if an accident or injury results from the negligence of the pool owners, do not hesitate to contact an attorney that specializes in personal injury claims. This is one of the ways we help keep pools safe for everyone who wants to use them.

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About Solomon Neuhardt:

Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.