What You Need to Know About Personal Injury Claims After a Swimming Pool AccidentSeptember 29, 2022
Swimming Pool Safety in Ontario
Swimming pools are a popular place to gather in the summer months, whether it is a public pool where the family spends the day splashing around or a private pool where you spend time with friends and family.
Unfortunately, even with the best safety measures in place, accidents can happen. Whether you are the owner of a swimming pool, or your family frequents a public pool, there are important things to understand about personal injury claims after a swimming pool accident.
Injuries at Private Swimming Pools
Ontario law requires that every pool owner has a legal obligation to keep the pool safe. That obligation extends to the area around the pool as well. The owner is also required to have adequate supervision of anyone who is swimming in their pool.
Some of the most common causes of accidents in private pools include:
- a lack of supervision over the swimmers,
- lack of safety equipment,
- not having a fence or gate around the pool,
- damaged equipment in the pool, including slides, diving boards, or steps.
If you or a loved one suffers an injury that you feel was due to the negligence of a pool owner, you may be eligible to submit a swimming pool accident claim to get compensation for your injuries.
Injuries at Public Swimming Pools
Of course, Ontario public pools have the same requirements to keep the pool and the area around the pool safe, but since they are open to the public, the rules are a little stricter. The pool water must be treated properly and the area around the pool maintained properly. Because more people are using a public pool than a private pool, supervision is even more critical which is why most public pools have lifeguards. Those that do not have signs posted that there must be adult supervision for children in the pool.
After an accident at a public pool, you may have a personal injury claim against the municipality or business that operates the pool. Keep in mind that laws protecting cities and government are complicated. They are also regulated differently than private property which means you will want to speak to a lawyer before proceeding with any personal injury claims regarding swimming pool injuries.
Swimming Pool Accidents in Ontario
Common pool injuries include fractures, sprains, head injuries, and sprains. Severe injuries can cause death, leaving a family that is devastated and unsure of what to do next. Should a loved one die of a swimming pool injury, you may be eligible for compensation for loss of income, loss of companionship, and more.
Injuries could result in compensation for medical expenses, including those that you may need in the future, pain, medical devices while you recuperate, and more. Even if the injury was caused by someone’s own actions, it is still possible compensation is available. For instance, if a child dives head first into the shallow end of a pool that does not have signs warning against diving, the pool owner can be held responsible.
Swimming Pool Drowning Accidents and Near Drownings
Accidents that cause sprains or fractures are not the only way that injuries or death can occur in a pool. Drownings and near drownings are common in swimming pools, usually due to a lack of supervision. These incidents can happen if someone slips and falls into a pool, striking their head or when a child slips out of sight of adults and falls into a pool.
Even if someone survives, known as near drowning, they may still suffer severe injury. Someone who survives a near-drowning can suffer from acute respiratory distress syndrome, brain damage, hypothermia, aspiration pneumonia, damage to organs deprived of oxygen, and even mental health issues.
It is important to seek medical help immediately even if you might not think it’s needed. Not only is it better to be safe than sorry. But, you will need medical documentation to proceed with the swimming pool accident claim.
What is Third Party Negligence?
Third-party negligence occurs when someone is injured, and it is not the fault of the owner of the pool or the company that manages the pool.
For example, if a slide breaks as someone is using it, causing an injury, and it is later determined that the slide was defective, the manufacturer of the slide can be held responsible for the injury.
Product liability lawsuits can be filed against the manufacturers of pool toys, swimming aids, chemicals used to clean the pool, diving boards, steps, ladders, and more. Even the pool itself could be defective, leading to an injury should something go wrong.
Time Limitations for Claim After Swimming Pool Accident
In Ontario, the Limitations Act requires that personal injury claims in Ontario must be filed within two years of the accident. Any swimming pool injury claim filed after the two-year date has passed will be barred from continuing by the court system, even if the claim is valid.
Swimming Pool Injury Lawyer
Because there is such a strict time limit, it is always best to speak to an experienced swimming pool injury lawyer about the personal injury claim procedure after a swimming pool accident as soon as possible. They will fight to get you the compensation you need.
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