Swimming Pool Drowning Lawyer in Las Vegas, Nevada

Understanding Swimming Pool Accidents and Drownings

Nevada, and Las Vegas, in particular, is home to numerous private, public, and hotel and resort pools. Swimming pool accidents and drownings can occur for a variety of reasons, and injuries can range from minor injuries and trauma to paralysis and traumatic brain injuries (TBIs). 

Additionally, drownings and near-drownings can occur due to a lack of supervision, inadequate safety barriers, and the inability to swim. Children are especially at risk of drowning and near-drownings. 

Other potential dangers include slips and falls, electrical or chemical hazards, pool equipment failure, and diving accidents. Other factors that contribute to pool accidents and drownings involve alcohol and drug consumption, and horseplay. 

Liability in Swimming Pool Accident Cases — Who Can Be Held Responsible?

Various parties could potentially be held liable under Nevada law, including:

• Private pool owners: Residential landlords and homeowners are responsible for securing pools with barriers and maintaining them.
• Public pool operators and supervisors: Community centers and gyms must ensure proper safety measures, lifeguards, and signage. 
• Commercial pool owners: Hotel liability for pool injuries involves ensuring guest safety with lifeguards, signage, and limiting alcohol consumption.  
• Lifeguards and resort staff: Lifeguards and resort staff are responsible for maintaining safe conditions. When they fail to do so, they could be liable. 
• Manufacturers: Pool equipment manufacturers can be liable for faulty equipment, such as faulty alarms, broken drain covers, and defective lighting. 
• Pool service providers: Pool maintenance and repair businesses could be liable if they were negligent in repairs, maintenance, or installation of equipment. 
• Event organizers: These organizations could also be liable, along with the pool owner.

Common Causes of Swimming Pool Accidents

• Lack of proper fencing, gates, or pool barriers.
• Inadequate or a lack of lifeguard supervision when required by law.
• Failure of lifeguards and pool staff to enforce safety rules.
• Inadequate or a lack of signage.
• Unsafe pool designs.
• Slippery surfaces.
• Improperly maintained pools and pool surfaces.
• Diving accidents.
• Faulty or missing pool equipment.
• Alcohol and drug use.
• Chemical burns from chemical imbalances.
• Horseplay.
• Inability to swim and not using flotation devices.

With proper safety measures in place, 100% of pool drownings are preventable. A high number of other types of pool accidents are also preventable with the proper pool safety measures, such as obeying signage that says “No Diving.” 

Injuries Resulting From Swimming Pool Accidents and Drownings

• Drownings: This is the most fatal pool accident, which can occur in a matter of seconds, especially in children under the age of 5.
• Near-drownings: Brain damage can occur from a lack of oxygen.
• Slips and falls: This can cause fractures and broken bones, sprains and strains, head trauma, and spinal injuries.
• Driving accidents: Hitting the pool bottom with your head can result in TBIs, fractured skulls, and partial or full paralysis, along with brain damage. 
• Other injuries: This includes electrical shocks and burns, pool drain entrapment, burns or respiratory problems from pool chemicals, cuts, scrapes, and abrasions.

Pool accidents and drownings can have long-reaching effects on the victim and their families, including emotional and financial impacts. Victims could experience grief, emotional trauma, PTSD, and diminished quality of life. There can also be substantial medical costs, including rehab, and the loss of income. 

Legal Process After a Swimming Pool Drowning or Injury

Part of the legal process after a pool injury or drowning is establishing that the responsible party was negligent and failed to provide a duty of care. 

Duty of care is a legal concept that requires pool owners to:

• Act with reasonable care.
• Provide sufficient warning to prevent causing harm to others.
• Be aware that pools are considered attractive nuisances, which increases their duty to protect children from potential accidents, even when the child trespasses. 

Steps to take include:

• Seeking immediate medical care.
• Gathering evidence, including photos, videos, witness statements, and maintenance records.
• Promptly consulting with a knowledgeable pool injury attorney in Las Vegas.
• Maintaining all documentation, including medical bills, lost wages, and accident reports.
• Determining responsible parties and insurance companies.
• Filing an injury claim or wrongful death lawsuit within Nevada’s statute of limitations against the negligent parties.
• Negotiating for maximum compensation.
• Litigation and trial, if a settlement cannot be obtained.

At Adam S. Kutner, Injury Attorneys, we have 34+ years of legal expertise navigating complex private, public, commercial, and hotel premises liability cases, securing maximum compensation.

Compensation Victims and Families Can Pursue

The types of compensation victims and families can pursue in premises liability cases in Nevada will vary based on the specific details and circumstances of their cases. 

Pool injury and wrongful death claims include economic and non-economic compensation, such as:

• Medical expenses
• Ongoing rehab and therapy
• Lost income
• Property damage
• Loss of benefits of the deceased
• Funeral costs
• Loss of future financial support
• Pain and suffering
• Emotional trauma
• Loss of consortium
• Loss of companionship
• Loss of enjoyment

Additionally, in cases where the defendant’s negligence and behavior were intentional, reckless, or aggravated, Nevada law allows courts to punish the defendant by awarding punitive damages to the victim or their family. 

How Adam S. Kutner, Injury Attorneys, Can Help Swimming Pool Accident Victims

Our Las Vegas pool and hotel injury attorneys can help you with your pool accident claim by offering the following:

• Free case evaluations and consultations.
• No legal fees until we settle your case or win at trial.
• Aggressive pursuit of fair compensation and favorable court verdicts.
• Compassionate and supportive service throughout your recovery.
• Access to skilled investigators and expert witnesses to build strong cases.
• Familiarity with Nevada premises liability and swimming pool laws.
• Aware of insurance companies’ tactics.
• Flexible meeting options, including at home or hospital visits.

As a Best of Las Vegas Gold Winner for best law firm, best customer service, and best accident lawyer, our team is dedicated to ensuring maximum compensation for pool injury victims and families of drowning victims who deserve justice.

Pool Safety Tips To Reduce Accident Risks

Ensuring proper pool safety can help reduce the risk of accidents and drownings, along with these tips: 

• Maintaining secure fences, self-locking gates, and alarms.
• Ensuring lifeguards are properly trained, enforcing safety rules, and are vigilant while on duty.
• Regularly inspecting and maintaining pool equipment and surfaces.
• Addressing any safety issues promptly or shutting down the pool until they are resolved.
• Having clear signage that warns of potential hazards and depths.
• Using pool and swimming safety pictograph signage to address language barriers.
• Supervising children closely.
• Educating children about pool dangers.
• Using pool covers and safety barriers for private pools.

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