Swimming Pool Accidents in Kansas City, Missouri
Swimming pools provide hours of enjoyment and exercise for children and adults. However, an afternoon of fun can quickly turn into tragedy. Swimming pool accidents and injuries are unfortunately all too common. Property owners and public pool owners legally obligated to take steps to ensure that pools are safe for visitors and guests. They also need to take steps to protect children from injury or from accessing a pool without supervision.
If a pool owner is negligent or careless, the owner could be held responsible for injuries and damages caused by a swimming pool accident. Contact our Kansas City swimming pool accident attorney if you or your child is injured at a swimming pool for a free, no obligation consultation at 816-203-0143.
Swimming Pool Injuries & Drowning Accidents
Swimming pool injuries vary from minor scrapes and bruises to broken bones, concussions, spinal cord injuries and wrongful death claims due to a drowning. In addition, swimmers can contract infectious diseases that spread through the water or suffer burns because of the chemicals used to clean the pools.
Slips and falls around the pool are very common, as are injuries caused by climbing into and out of the pool. Slick surfaces combined with tripping hazards can make for a very dangerous and hazardous condition. It is impossible to prevent water from splashing around the pool deck or dripping from people getting out of the pool. However, the choice of surfaces for the pool deck can help reduce how slick the area becomes when wet.
Drowning deaths in pools are the worst kind of accidents. Fatal drownings are all too common, especially when pools are not secure. Children can wander into the area surrounding a pool and fall into the water. A small child may reach for pool toys in the water or trip while running around the pool.
Proving Liability for Swimming Pool Accidents
Most swimming pool accidents fall under premises liability laws. Kansas and Missouri law requires that property owners maintain their property adequately. Maintaining property generally means taking reasonable steps to keep visitors and guests safe. Typically, owners of public pools have a higher duty of care to maintain the property to prevent injuries. However, private pool owners still have a duty of care to maintain the pool and property to prevent injuries. Both owners have the duty to warn individuals of the potential dangers.
There are some exceptions. If a person is trespassing, the property owner may not be liable for damages. However, if a child trespasses, the same rules may not apply. A child is not held to the same standard as an adult. Therefore, pool owners should take extra precautions to prevent children from coming near the pool, such as having gates and fences designed to keep children from entering the pool area.
Failing to provide life preservers, maintaining diving boards, and providing supervision (in some cases) can also be considered a breach of duty. It can be difficult to know whether a property owner breached the duty of care regarding pool safety. A Kansas City swimming pool accident attorney can help.
Examples of Swimming Pool Negligence in Missouri & Kansas
Examples of ways a pool owner may fail in the duty of care include:
- Failing to have life preservers and other life-saving equipment.
- Failing to post warning signs.
- Inadequate maintenance of the pool, pool deck, ladders, and diving boards.
- Failing to secure the premises with adequate fencing, gates, and other methods to prevent unauthorized entry.
- Failing to clean and sanitize the pool adequately.
- Using chemicals incorrectly.
An attorney also carefully documents your damages and injuries for a personal injury claim. Victims of swimming pool accidents may be entitled to compensation for their medical expenses, loss of income, mental anguish, physical pain, disabilities, and emotional suffering.
However, you must have proof of your financial losses, pain, and suffering to recover compensation for a swimming pool accident. A swimming pool accident and drowning lawyer can help you gather evidence to maximize the value of your claim.
How a Kansas City Swimming Pool Accident Attorney Can Help
Generally, most pool accident claims involving proving four distinct legal elements:
- The pool owner owed a duty of care to the injured party;
- The pool owner breached the duty of care and was negligent;
- The breach caused of a person’s injuries; and,
- The person sustained damages because of the breach of duty.
Proving those legal elements may be complicated. The pool owner may raise one or more defenses to a swimming pool accident claim.
A Kansas City swimming pool accident attorney thoroughly investigates the cause of the injury. An investigation may include interviewing witnesses, searching for video evidence, and examining the accident scene. Our legal team works closely with victims and their families to uncover how and why a swimming pool injury occurred. We gather evidence that can be used to prove the property owner breached the duty of care.
Our Attorney Can Help After a Swimming Pool Accident or Drowning in MO & KS
The Law Office of Kevin J. McManus represents victims of swimming pool accidents and drownings in Kansas City and throughout Kansas and Missouri. If you or your child is injured in a swimming accident, our personal injury and wrongful death attorney and legal team can help.
Call 816-203-0143 for a free consultation with a Kansas City swimming pool accident lawyer.