Every summer, people in Delaware use public and private pools to cool off. However, harmless summer fun can easily turn into tragedy if someone is injured in a pool incident. In fact, drowning and other pool-related accidents are among the leading causes of injury or death in children.

If you or someone you love were injured using someone else’s swimming pool, you may have options to be compensated. An Elsmere pool accident lawyer can help you recover damages for your injuries and other losses stemming from the event. Pool owners are liable for injuries caused by their negligence. To discuss the circumstances of your injury, contact Doroshow, Pasquale, Krawitz, and Bhaya to speak with a trusted premises liability attorney.

Common Causes of Pool Injuries

Pool injuries can happen at privately-owned pools, hotels, waterparks, and similar locations when swimmers are not adequately supervised or other hazards put people at risk. Even if a person survives their injuries, their life can be permanently affected. Many swimming pool accidents are directly caused by someone else’s negligence. The most common reasons people are injured in or near pools include:

  • Lack of supervision
  • Drain entrapment
  • Faulty gate or fence
  • Overcrowding
  • Poor water quality
  • Inadequate lifeguard training
  • Design or building violations

Those who own properties with pools and hot tubs may have a legal duty to reasonably protect guests and patrons from accidents. When someone is injured due to a failure of this standard of care, an Elsmere pool accident lawyer can assist by investigating the cause of the incident and determining who is liable.

Delaware’s Attractive Nuisance Doctrine

In normal circumstances, a trespasser cannot recover damages from a property owner for their injuries, even if it was caused by negligence. However, the attractive nuisance doctrine recognizes that a landowner can be liable to child trespassers in certain situations, such as when there was something that drew the child to their property.

Pools, for example, are a commonly recognized attractive nuisance. This means that people who own properties with pools or hot tubs must eliminate the risks associated with them. Children may not appreciate the danger of swimming in an unattended pool for instance. As such, it is on the property owner to ensure it is not accessible to children. Fences or gates are a great way to deter child trespassers from using a swimming pool. When a landowner fails to take such precautions, they can be held responsible, even if the child did not have permission to use the facility. An Elsmere attorney can provide more information regarding pools, the attractive nuisance doctrine, and the different duties of care.

Contact an Elsmere Pool Accident Attorney

If you were injured in a swimming pool accident on someone else’s property, talk to a lawyer about your legal rights and remedies. Pool accident victims can recover the costs of their medical bills, lost income, pain and suffering, and emotional distress caused by the incident. While no amount of money can reverse the physical and emotional trauma you sustained, it can help mitigate the financial burden.

Contact an Elsmere pool accident lawyer from Doroshow, Pasquale, Krawitz, and Bhaya to discuss filing a claim for negligence. When pools are not properly maintained or supervised, the consequences can be devastating. Schedule a free consultation today.