Who Is Liable for Swimming Pool or Water Park Drowning Accidents?

 Posted on May 30, 2023 in Personal Injury

As summer approaches, Illinois residents are preparing for a variety of outdoor activities, including spending time in and around water. Swimming pools and water parks can provide much-needed relief from the summer heat, but they also present certain risks, including the possibility of drowning. When life-threatening accidents involving drowning occur at swimming pools or water parks, victims and their loved ones can work with a personal injury attorney to determine who may be held liable for failing to protect their safety.

Liability for Drowning Injuries Caused by Negligence

In general, a property owner is responsible for ensuring that their premises are safe for visitors to enter and use. Companies that own water parks or public pools and homeowners with private pools are required to take the necessary measures to protect people's safety, including providing supervision when needed and ensuring that all equipment and facilities are properly maintained. Victims who were injured because of a property owner's negligence may be able to pursue compensation through a premises liability claim or lawsuit.

Some situations in which property owners may be liable for drowning injuries include:

• Problems with lifeguards - Public pools are required to have lifeguards present at all times when people are using the facilities, and these lifeguards must be properly trained in life-saving methods and procedures that should be followed to prevent drowning. Lifeguards and staff members at water parks must also make sure to follow all appropriate procedures meant to prevent injuries, such as maintaining proper communication to prevent collisions on water slides. If drowning injuries occurred because lifeguards were not present, did not follow the proper procedures, or did not have the necessary training, the owner may be liable for a victim's injuries.

• Failure to maintain facilities - Property owners must make sure that pools, water slides, or other equipment are properly maintained, including regularly inspecting and cleaning them as needed. If a drowning injury occurred because of problems with equipment, such as faulty drains or malfunctioning water pumps, the property owner may be liable for the failure to protect people's safety.

• Failure to secure a facility - Public and private swimming pools are often considered to be "attractive nuisances," meaning that there is a risk of injury if trespassers attempt to enter and use the property without permission. If a pool owner did not take adequate steps to prevent entry to their property, such as by failing to install fencing that would keep children from accessing the pool, they may be liable for drowning injuries that occurred when people used their facilities without authorization.

Contact Our Bloomingdale Drowning Injury Lawyers

When a drowning injury occurs at a swimming pool or water park, victims and their families may be able to pursue compensation for medical expenses, pain and suffering, loss of income, and other damages. At Mevorah & Giglio Law Offices, our Naperville swimming pool injury attorneys can help determine who may be held liable in these situations, and we will work to build an effective case against the negligent party or parties. To learn more about how our team can assist with serious accidents involving drowning, contact us today at 630-932-9100 and set up a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2081&ChapterID=58