In spite of the exuberance and sheer joy swimming pools provide, they can be dangerous and even deadly. In fact, an average of 10 people in the U.S. die every day in a swimming pool accident, 20 percent of them under the age of 14. As if this weren’t bad enough, 80,000 more individuals suffer serious swimming pool injuries annually. Although we think of swimming pools as relatively large, accommodating a great many people, many pool accidents take place in “kiddy pools” as well; it is possible to drown in as few as 2 inches of water.
If you or a loved one has had the misfortune to be injured in the swimming pool of a friend or neighbor or in a public pool, another party may be responsible for the harm that came to you. If so, you are legally entitled to compensation for your medical expenses, lost income, pain and suffering, and any permanent disability that has resulted from the accident. If you are suffering the tragic loss of a family member due to a swimming pool accident, you are entitled to be awarded damages to help you cope with your grief and financial burdens. In Nashville, Tennessee, the highly skilled personal injury attorneys at Cummings Law are committed to helping you obtain the damages you deserve.
Brian Cummings, our lead attorney, has fine credentials and an outstanding record of successful outcomes. More than that, he is a compassionate human being, dedicated to the idea of holding individuals accountable for injuries or wrongful deaths they cause. Once you have come for a free consultation and he has determined that you have a winnable case, he will do everything in his power to obtain substantial compensation to see you through your medical treatment, financial loss, and emotional trauma.
Types of Swimming Pool Injuries
There are, unfortunately, many ways to get hurt at a swimming pool. For small scratches and bruises, a first-aid kit may be all that is needed, but serious injuries may require emergency medical treatment and/or hospitalization. Injuries commonly occur due to slipping on a wet surface surrounding the pool, diving into water that is too shallow, being hurt by slides, ladders, diving boards or drains, damaged electrical wiring, roughhousing in the water, or undergoing a medical event that makes you unable to continue swimming when you’re in deep water.
Injuries you suffer from such causes may be:
- Fractures or neuromuscular injuries
- Neck injuries
- Head or traumatic brain injuries (TBIs)
- Spinal cord injuries
- Severe lacerations
- Medical events worsened by lack of immediate care
- Shock or electrocution
- Infections from contaminated water
Any of these injuries may result in a lengthy hospital stay, rehabilitation, long-term impairment, permanent disability or wrongful death.
How Cummings Law Can Prove Liability In A Swimming Pool Accident
Once you come to Cummings Law (or we come to you), we will investigate your case thoroughly and examine all related documents, including EMT and police records, medical data, and recorded inspections and repairs of the pool itself. We will also listen carefully to your account of the incident and any witness accounts as well. Remember, we also have access to experts in relevant disciplines — pool service technicians, medical specialists, electricians, and plumbers — who can testify on your behalf.
In order to prove our case, we must convince the court that:
- The swimming pool and its surroundings presented an unreasonable risk of harm
- The property owner knew or should have known, that this risk existed
- The property owner was negligent, creating or failing to correct the problem
- The owner’s negligence was the direct cause of your injury
If we take on your case after our initial consultation, it is because we are convinced we will win. For this reason, we will never charge you any attorneys’ fees until we are able to present you with a just settlement or verdict.
What the Defendant Has Done Wrong
The owner of the pool, whether an individual homeowner, community organization, hotel, gym, amusement park, village or town, has the responsibility to maintain the pool and surrounding area safely. Therefore, any of the following errors may be evidence of negligence:
- Unsafe chlorine levels
- Non-existent improperly vetted or unsupervised lifeguards
- No fence around a pool deeper than 24 inches
- No alarm installed in a pool deeper than 36 inches
- Lack of emergency equipment, such as rescue poles or rings
- Inadequate security
- Absence of posted warnings about depth levels
- Improperly installed or maintained electrical wiring
- Uninspected drains and filters
- Defective or unrepaired diving boards, ladders, slides or other equipment
- Excessive alcoholic beverages available at poolside
It is also important to be aware that the defendant in a swimming pool accident may be the manufacturer or installer of the pool rather than the owner. Whatever the circumstances, Cummings Law will go after the culprit with vigor and determination. As an example, one of his recent premises liability clients received a $700,000.00 settlement prior to the filing of a lawsuit.
What if I was partially to blame for my own injury?
Tennessee law adheres to a modified comparative negligence system. The word “comparative” indicates that in premises liability cases there may be some fault on both sides. When this happens, the plaintiff and defendant are each assigned a percentage of blame. This might occur, for example, if, although the pool is being improperly supervised, the person injured was using an iPhone at the time of the accident.
What makes comparative negligence “modified” is that if the plaintiff is found to be 50 percent or more at fault, he or she is not entitled to any compensation at all. You can be assured, however, that Brian Cummings is an astute premises liability attorney who will use well-crafted tactics to convince the court that you bear very little responsibility, if any, for your swimming pool injury.
Contact Our Nashville Swimming Pool Accident Attorney
At Cummings Law we know all too well how awful it is to be hit with physical pain, mental anguish, logistical problems and financial pressures all at the same time. Contact us for the compassionate support you need and the excellent legal representation you deserve.