Swimming is a great and fun way for children to enjoy the warm summer weather but a lack of proper pool safety measures can lead to injury or drowning. Whenever a child is injured in a public swimming pool, questions must be asked about the conditions that led to the pool accident and whether the pool owner took all of the required precautionary measures needed to protect the child.
If an accident results from poor safety practices, lack of proper attending staff, lack of appropriate gates and entrances or safety hazards that were knowingly unaddressed, then the pool owner may be held liable due to negligence.
Failure to Meet Staffing Requirements
The majority of child injuries that lead to hospitalization due to pool accidents could be prevented with proper supervision, and it is the law in Illinois that public pools be staffed with lifeguards whenever children under the age of sixteen are present. The presence of lifeguards can prevent or reduce the severity of injuries sustained in a pool accident during the following scenarios.
- A child attempts to dive into the shallow end of the pool, which can be the cause of severe trauma to the head, neck, and spine. The child may also drown following these injuries, and the presence of a lifeguard could prevent the incident from occurring or save the child’s life.
- A small child falls into the pool and is unable to swim. These accidents are more common than we would like to believe and a lifeguard would be able to save the child from drowning.
- Children in the pool cause injury to one another by roughhousing or hazing one another. The lack of a staff member to notice safety issues and step in could make the pool owner liable.
Failure to Keep Children out While Pool is Closed
Illinois swimming pool code dictates that pool gates must be at least four feet tall and entrances must be self-latching and closing to prevent small children from finding their way into the pool area while it is unattended. It is often the case that children drown because they enter a pool while it is unattended and the gate requirements are explicitly designed to keep smaller children from wandering into the pool area by accident.
If your child was injured during the off hours at a pool, it is important to retain legal advice from an experienced pool accident attorney to determine whether the pool owner did everything possible to prevent the incident.
Rosenfeld Injury Lawyers LLC have experience with child drowning cases. Our drowning accident lawyers will investigate your child’s injury or death and determine if it is the result of negligence. Our team will then advise you on your legal options and rights. If you retain our services, an attorney will give your case the proper evaluation and let you know exactly what to expect when going forward. Contact us today for a free consultation to determine whether you have a case. We will never expect payment unless we can settle or win your case.