What Qualifies as a Pool Accident?
Rating Overview
Based on 1255 Select Nationwide Reviews
- The Fee Is Free Unless You Win®.
- America's Largest Injury Law Firm™
- Protecting Families Since 1988
- 20 Billion+ Won
- 1,000+ Lawyers Nationwide
Free Case Evaluation
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
Results may vary depending on your particular facts and legal circ*mstances.
Porter Ranch Gas Leak
After SoCalGas's negligent oversight led to a leak of 5.7 billion cubic feet of gas in 2015, Morgan & Morgan recovered $1.8 billion for the 30,000 affected residents of Porter Ranch.
Amount
$1.8 Billion
Settlement
Jacob T. Rodgers v. City of Gainesville D/B/A Gainesville Regional Utilities
In one of the first personal injury trials since the end of the Pandemic, Morgan & Morgan recovered $120 million for a client that was paralyzed by a city utility vehicle.
Amount
$120 Million
Verdict
Pre-Trial Offer
$20,000
Estate of Frank Townsend v. RJ Reynolds, et al.
After a family lost someone to lung cancer, our compassionate attorneys took their case and recovered $91 million in the fight against Big Tobacco.
Amount
$90.8 Million
Verdict
Morgan Stanley Data Security Litigation
Morgan & Morgan reached a $60 million class action settlement on behalf of those who had their data compromised by behemoth, Morgan Stanley.
Amount
$60 Million
Settlement
Stephen Davis v. Levon Clark, Ricardo Williams, Marty Grifka and Derek Pak
Amount
$47.5 Million
Verdict
McAdams v. Monier Lifetile, LLC
Morgan & Morgan's attorneys reached a $44 million settlement in a class-action lawsuit against Monier, an organization that made false claims about their faulty roofing tile products.
Amount
$44 Million
Settlement
Coleman v. Martinez
After a delayed C-section caused a newborn to suffer a brain injury during childbirth, Morgan & Morgan recovered $38 million for the affected family.
Amount
$37.8 Million
Verdict
Gold v. Lumber Liquidators
Our team represented clients who sought to recover damages from Lumbar Liquidators after the company provided faulty flooring materials, resulting in a $28 million settlement on their behalf.
Amount
$30 Million
Settlement
Clemmons, Patrick
Our team secured a$26,202,500 verdict—an enormous victory and a strong message to trucking companies who fail to take the proper precautions when maneuvering dangerous vehicles on our roads.
Amount
$26.2 Million
Verdict
Brink v. Ruiz
After a long fight for justice, Morgan & Morgan finally obtained a successful, confidential settlement for Dustin Brink with the Defendants’ insurance company.
Amount
$25.9 Million
Settlement
Results may vary depending on your particular facts and legal circ*mstances.
Porter Ranch Gas Leak
After SoCalGas's negligent oversight led to a leak of 5.7 billion cubic feet of gas in 2015, Morgan & Morgan recovered $1.8 billion for the 30,000 affected residents of Porter Ranch.
Learn more
$1.8 Billion
settlement
Pre-Trial Offer
$0
Jacob T. Rodgers v. City of Gainesville D/B/A Gainesville Regional Utilities
In one of the first personal injury trials since the end of the Pandemic, Morgan & Morgan recovered $120 million for a client that was paralyzed by a city utility vehicle.
Learn more
$120 Million
verdict
Pre-Trial Offer
$20000
Estate of Frank Townsend v. RJ Reynolds, et al.
After a family lost someone to lung cancer, our compassionate attorneys took their case and recovered $91 million in the fight against Big Tobacco.
Learn more
$90.8 Million
verdict
Pre-Trial Offer
$0
Morgan Stanley Data Security Litigation
Morgan & Morgan reached a $60 million class action settlement on behalf of those who had their data compromised by behemoth, Morgan Stanley.
Learn more
$60 Million
settlement
Pre-Trial Offer
$0
Stephen Davis v. Levon Clark, Ricardo Williams, Marty Grifka and Derek Pak
Learn more
$47.5 Million
verdict
Pre-Trial Offer
$0
McAdams v. Monier Lifetile, LLC
Morgan & Morgan's attorneys reached a $44 million settlement in a class-action lawsuit against Monier, an organization that made false claims about their faulty roofing tile products.
Learn more
$44 Million
settlement
Pre-Trial Offer
$0
Coleman v. Martinez
After a delayed C-section caused a newborn to suffer a brain injury during childbirth, Morgan & Morgan recovered $38 million for the affected family.
Learn more
$37.8 Million
verdict
Pre-Trial Offer
$0
Gold v. Lumber Liquidators
Our team represented clients who sought to recover damages from Lumbar Liquidators after the company provided faulty flooring materials, resulting in a $28 million settlement on their behalf.
Learn more
$30 Million
settlement
Pre-Trial Offer
$0
Clemmons, Patrick
Our team secured a$26,202,500 verdict—an enormous victory and a strong message to trucking companies who fail to take the proper precautions when maneuvering dangerous vehicles on our roads.
Learn more
$26.2 Million
verdict
Pre-Trial Offer
$0
Brink v. Ruiz
After a long fight for justice, Morgan & Morgan finally obtained a successful, confidential settlement for Dustin Brink with the Defendants’ insurance company.
Learn more
$25.9 Million
settlement
Pre-Trial Offer
$0
Results may vary depending on your particular facts and legal circ*mstances.
The attorneys featured above are licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
What Qualifies as a Pool Accident?
If you or a loved one has recently been injured in a serious incident, you might have questions about what counts as a pool accident. Understanding the risks of being around a pool and the legal responsibilities that property owners and pool managers have can be important for deciding whether or not to move forward with a lawsuit.
In determining what counts as a pool accident, you'll need to consider the owner or manager's responsibility to protect patrons on their property. Pools can be dangerous places and home to unnecessary injuries, and it is the responsibility of managers and property owners to ensure that they have minimized risks.
Swimming pool accidents can happen quickly and many people never anticipate them coming, but the consequences can be deadly. Some of the most common causes of swimming pool accidents include electrocution, slip and falls, swimming pool disembowelment, drowning and traumatic brain injuries. Swimming pool injuries can happen anywhere, from a small kiddy pool in your own backyard to a giant hotel pool or community pool. You can minimize the risks associated with swimming pool accidents by being careful in training children about swimming pool safety as children are some of the leading accident victims for swimming pools.
Although pools are popular in the summer and even out of season when they’re located at a warm resort or inside a great indoor location, this doesn’t mean they are safe. Even regular pool safety cannot prevent pool patrons from being injured when there are dangerous or hazardous obstacles involved. When someone hasn’t gone far enough with pool safety or when the owner fails to warn patrons, accidents can happen very quickly and leave behind critical injuries or even deaths in their wake.
Scroll down for more
FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Pool Accident FAQs
How to Prevent Swimming Pool Accidents
Not knowing how to swim can contribute to devastating swimming pool accidents. There are plenty of adults and children who do not know how to swim. Taking formal swimming lessons might seem overwhelming if you're over a particular age but it can be helpful for protecting your safety and reducing your risk of drowning. Another way to prevent swimming pool accidents, injuries and associated medical conditions is to get CPR certified. This will enable you to take quick action if and when a swimming pool accident does occur.
Lack of supervision is another thing that can contribute to what counts as a swimming pool accident. Did you know that it's true that it takes less than 5 minutes of being submerged in water to drown? Taking an errand away from your child in the pool or bathtub could lead to an emergency situation in which you don't have enough time to respond properly.
Inappropriate security, horsing around and intoxication are other causes of pool accidents. When it comes to improper security, swimming pools should be outfitted with appropriate fencing or some other type of latched door or gate to prevent someone from falling in and drowning. Swimming pool accidents often relate to premises liability law and might lead victims to file a personal injury accident against the responsible homeowner.
Pool owners can potentially face liability when a visitor or swimmer in their pool is injured but it is important to realize that a swimming pool owner is not automatically liable for an injury that occurs in and around their pool.
Imagine that a hotel owner is aware of a malfunction in the pool cleaning or vacuum system and knows that it can cause serious injuries for patrons. It’s in the owner’s best interest to close the pool and reiterate this closure with warning signs. This is how the owner maintains their responsibility to prevent unnecessary accidents. But a hotel owner who ignores this or hopes for the best is putting their guests at risk of drowning or other serious injuries, which could be followed by a personal injury lawsuit.
Understanding Premises Liability Rules
Since a pool is technically a part of the property that it's located on, general premises liability rules in the state in which the pool is located will impact your case in a pool injury lawsuit. This is used to explain the set of laws that determine if anyone is liable when a certain condition or use of that land causes an injury. Premises liability law typically categorizes three different types of entrants on a piece of land, which are licensees, trespassers and invitees.
Each of these are owed different degrees of care from the owner of the property. The degree of care can shift depending on the entrant but the pool owner's duty is defined as “the duty to make the pool reasonably safe for anticipated uses.” For public pools, whether free of charge or for a fee, entrance to these pool areas are usually defined as invitees which means the pool owner has a legal responsibility to do a reasonable job of repairing and maintaining the pool to minimize the possibility of injuries.
When it comes to visiting a pool on a private property, these entrants are usually classified as licensees, which means pool owners have an obligation to warn licensees about dangers that are not immediately obvious to a reasonable person. Bear in mind that pool owners do not owe duty of care to a trespasser besides refraining from causing that trespasser purposeful harm. One exception to this rule, however, is when the trespasser is a child.
Pool owners have an obligation to keep pools safe from young children who do not understand the nature of drowning under a doctrine known as the Attractive Nuisance Doctrine. This includes a duty to prevent pool access when children could otherwise access the pool. Not every state follows this specific rule of attractive nuisance so it is important to research your state laws if you are opening a pool on your property and have neighbors nearby with young children who might become attracted to the pool.
Understanding Grounds for Liability
Regardless of whether or not a patron to a pool is a licensee or an invitee, certain risks, such as the danger associated with diving from an inappropriate location or slippery surfaces are relatively obvious and will usually not create liability for that pool owner. However, there are many other non-obvious dangers that a pool owner should be prepared to minimize the risks associated with or at least warn people who are around. This includes hidden obstructions or if the pool is too shallow for diving and this is not immediately obvious. The owner of a pool that is accessible to invitees, such as hotel guests or club guests also has an additional level of liability if they fail to provide appropriate safety equipment. This could include life preservers as one example. Any equipment that could fall into disrepair and could lead to serious injuries, such as improperly maintained diving boards, ladders or drains could lead to a premises liability lawsuit.
Why Do I Need a Lawyer for My Pool Case?
If you believe you have been seriously hurt in a pool accident and the owner or manager of that property did not do their due diligence in warning you about these prospective risks, scheduling a consultation with an experienced lawyer will help you. In determining what counts as a pool accident, your attorney will sit down with you and discuss the facts of the case with you to identify whether or not the premises owner owed you a specific duty of care and which factors in the case contributed to them not meeting this duty of care.
Pool cases are unique from other kinds of personal injury accidents and a lawyer should be engaged early on to figure out if your case is what counts as a pool accident. Your lawyer might need to gather evidence from the scene of the incident, too, which is not always easy if the pool owner has made an effort to remove the obstacle or fix the original problem. This means prompt action on your part, preferably with your own evidence or proof that you previously collected.
A pool injuries lawyer will be well versed in local and state laws around property and the most common statutes and prior case outcomes that are relevant for your situation. When you know that your case is in the hands of someone who appreciates the difficulties of a pool accident and is sensitive to how your family has been forever changed as a result of it, this can make a big difference. For example, children who have suffered in a preventable pool accident might develop a fear of water that follows them for many years to come. As a parent, it’s devastating to think about how a drowning or near drowning would affect your family.
The sooner that you can consult with an experienced attorney the easier it will be for you to identify your risks and responsibilities. Schedule a consultation with an attorney who could help guide you through what counts as a pool accident today.
Scroll down for more Load More
How it works
It's easy to get started.
The Fee Is Free Unless You Win®.
Results may vary depending on your particular facts and legal circ*mstances.
Step 1
Submit
your claimWith a free case evaluation, submitting your case is easy with Morgan & Morgan.
Step 2
We take
actionOur dedicated team gets to work investigating your claim.
Step 3
We fight
for youIf we take on the case, our team fights to get you the results you deserve.
Settlement
$40,000,000
Customer Story“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014
Client success
stories that inspire and drive change
Explore over 55,000 5-star reviews and 800 client testimonials to discover why people trust Morgan & Morgan.
Results may vary depending on your particular facts and legal circ*mstances. Based on Select nationwide reviews
Related Pages
More to Explore
Navigate to other relevant topics and case types. For a full list of the litigation
types we may be able to assist with, visit our Practice Areas page.
Best Slip and Fall Attorneys
Inadequate Lighting
Building Code Violations
School Accident
Maui Wildfire Attorneys
Maui Wildfire Attorneys
Biggest Personal Injury Stories against Madison Square Garden
I Fell at Madison Square Gardens. What Should I Do Next?
Madison Square Garden Injuries
Madison Square Garden Accidents
Madison Square Garden Injury Attorneys
Carousel Injury
Drop Towers Injury
SeaWorld Orlando Injury
Six Flags Magic Mountain Injury Lawyer
Hersheypark Injury Lawyer
Bumper Car Injuries
Water Slide Injuries
Roller Coaster Injuries
Signs of Electrical Fire
Whole Foods Market Injury Lawyer
Is Sliding on Ice an At-Fault Accident?
How to Prevent Slips, Trips, and Falls in the Workplace
Six Flags Injury
Amusem*nt Park Injury Attorney
Most Dangerous States 2023
Most Dangerous Rest Stops
Slip and Fall at Burger King
Pennsylvania Chocolate Factory Explosion Lawsuit
Attorney Slip and Fall Injury
How Long Do I Have to File a Slip and Fall Lawsuit?
Can I Get Compensation for Lost Wages After a Slip and Fall Injury?
Brachial Plexus Injury From Fall
Violent Crime Injury Lawyers
How to Treat Hip Injury From Falling
How Do You Treat a Back Injury After a Fall?
How to Treat Knee Injury From Falling
How to Prevent Slips, Trips, and Falls at Work
How Long Can a Slip and Fall Case Take?
Trip and Fall Injury Attorneys
How Are Slip and Fall Settlements Calculated?
What Is the Difference Between Slip, Trip, and Fall?
What to Do After a Slip and Fall Accident
Can You Sue a Business for Slipping on Ice?
Aching After a Fall
Should I Get a Lawyer for a Slip and Fall?
Trip and Fall Attorney Near Me
How Do You Prevent Slips and Falls?
Can You Sue for Slipping on Ice in Parking Lot?
How Do You Know if a Fall Is Serious?
If I Fall in a Store, Can I Sue?
Can You Sue a City for Negligence?
Falling on Ice Injuries
How Should I Handle a Slip and Fall on Ice at an Apartment Complex?
I Fell on Ice, and My Neck Hurts. What Should I Do?
How Does One Prevent Slips, Trips, and Falls?
Deaths From Slips, Trips, and Falls
Can a Tenant Sue a Landlord for Falling Down the Stairs?
Can a Slip and Fall Cause Sciatica?
Common Injuries From Trips and Falls
Hospital Slip and Fall Cases
Trip and Fall Incident Report
Trip and Fall Lawyers
Can a Mailman Sue for Falling?
Are Slip and Fall Settlements Taxable?
Preguntas Frecuentes: Resbalones y Caídas
Slip and Fall in Parking Lot
I Tripped and Fell on Uneven Pavement. What Should I Do?
Types of Back Injuries From Falls
Slip, Trip, and Fall Statistics
What Are Examples of Negligent Security?
Slip and Fall Accidents
How Do You Prove Negligence in a Slip and Fall?
How to File a Slip and Fall Claim
Slip and Fall: No Wet Floor Sign
I Fell Down the Stairs and Hit My Back. What Should I Do?
How to Win a Slip and Fall Settlement
Heel Injury From Fall
Fall Injury Statistics
Fall at Work Lawyer
Elbow Injury From Fall
Collarbone Injury From Fall
Slip and Fall Settlements Without Surgery
Are Slip and Fall Cases Hard to Prove?
What happens if someone falls on your property?
Negligent Security Claims
Uber Eats Slip And Fall
Types Of Shoulder Injuries From Falling
Slip and Fall in Wendy's
Slip and Fall Accidents on Government Property
Slip and Fall Accidents Statistics
Slip and Fall at Mcdonald’s
Should I Go to the Doctor After Falling Down Stairs?
Rotator Cuff Injury After Fall
Airbnb Slip and Fall
Slipped and Fell Pregnant Injuries
How to Negotiate a Slip and Fall Settlement
How Much Compensation Do You Get for Slipping on a Wet Floor?