WSIB Lawyer Skip to content
Trial Tested Injury Lawyers

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.

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.
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.

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.

Timing is Critical. Help is Free.

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

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.

Timing is Critical. Help is Free.

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

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.

OUR CLIENTS

What They Say About Us

David, Mena and Silene were all professional and extremely helpful in getting my case resolved. Mena was quick to get back to me when I had any questions. I had a great experience with all of them.
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

CONTACT

LOCATION

Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

Back To Top