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What You Need to Know About Personal Injury Claims After a Swimming Pool Accident

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What You Need to Know About Personal Injury Claims After a Swimming Pool Accident

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Himpro Blog Claims After a Swimming Pool Accident

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.

 

⭐⭐⭐⭐⭐ “I proudly say that i gave my personal injury case to the lawyer Mr. David Himelfarb Proszanski. I had got spinal cord injury and head injury in a serious car accident. He gave me guarantee that he would handle my case very efficiently and for my best interest. Because of him, i have got the best benefits out of my serious injury case. He and his team members are very hardworking, professional and compassionate. I highly recommend others to Mr. David Himelfarb Proszanski.”     

– Harpal B.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

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Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
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I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
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23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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