Michigan Swimming Pool Accident Lawyer

If you or a loved one was injured at a pool, you have legal rights and might be able to pursue compensation with the help of an experienced attorney at Buckfire & Buckfire, P.C. By working with a Michigan swimming pool accident lawyer, you could have your legal rights explained and could decide if pursuing a civil lawsuit is the right choice for you.

Swimming pools are generally an active and fun place to visit, providing exercise, play, and socialization for people of all ages. Unfortunately, severe injuries are common due to a number of hazards and accidents that commonly arise. When an injury occurs because of negligence, you may be entitled to a Michigan personal injury settlement.

• National Drowning Statistics
• What is a Non-Fatal Drowning?
• Types of Settlement Compensation
• Proving Liability in the Case
• What is Comparative Negligence?

Common Swimming Pool Accidents

With over 10 million swimming pools located in the United States, the Centers for Disease Control (CDC) reports that approximately 3,500 people die in drowning accidents each year, a large majority of which happen in swimming pools where a child or adult trips and falls, dives, or jumps improperly into the pool. Furthermore, many others suffer injuries that could impact the rest of their lives.

Accidents can occur in both public and private pools, and are often due to the negligence of another party. For example, the manufacturer of pool parts might have produced a faulty or dangerous component, the owner of a pool might not have properly secured a swimming area, or a lifeguard might fail to notice a drowning swimmer.

An experienced Michigan swimming pool attorney could work to help an injured individual to determine the proximate cause of their injuries. Often, these are due to:

• Slipping and falling near a pool
• Being injured by a diving board
• Drowning
• Unsafe pool parts, like stairs, diving boards, and slides
• Inadequate supervision or unsecured pools
• Lack of required fencing around a residential or apartment complex pool
• Carbon monoxide poisoning from defective pool heaters

For a successful claim, it must be shown that the owner, manufacturer, or other negligent party owed a duty of care, and that this duty was breached. Then, it must be established that this breach of duty resulted in an accident that injured the plaintiff.

National Drowning Statistics

A Center for Disease Control report shows the number of swimming pool and spa drowning deaths and nonfatal drownings every year in the United States is significant.

• Between 2018 and 2020, there were an average of 371 pool- or spa-related fatal drownings reported per year.
• On average, from 2020 through 2022, there were an estimated 6,300 pool- or spa-related, hospital emergency department (ED)-treated, nonfatal drowning injuries each year.
• 67% of these nonfatal drowning injuries involved children under the age of 5.
• The number of estimated non-fatal drowning injuries in 2022 was 6,400, which was like 2021.

Many of these deaths and serious injuries are caused by negligence, especially when it comes to supervision of children.

Drowning is the leading cause of death for children in the United States. More children ages 1 to 4 die from drowning than any other cause of death. For children ages 5 to 14, drowning is the second leading cause of death.

What is a Non-Fatal Drowning

A nonfatal drowning is when a person survives a drowning incident. There are 8,000 nonfatal drownings each year in this country, which is an average of 22 per day.

With a nonfatal drowning, there are often serious injuries. These include brain damage and permanent disability.

Types of Settlement Compensation

Beyond proving negligence, an injured claimant must also be able to demonstrate the extent of their losses. Common damages that are cited in claims include:

• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• Mental and emotional anguish
• An inability to perform certain tasks

For cases involving a death, such as drowning, the surviving family members can file a wrongful death lawsuit. These cases demand compensation for the pain and suffering of the victim prior to death and loss of companionship for the loved ones.

Proving Liability in the Case

To prove liability in a case and hold the pool owner responsible for your injuries, it must be established that a dangerous or defective condition existed at the pool. This is often proven through photographs, video, inspection reports, and witness testimony. In many cases, there are violations of state and local laws and ordinances that establish liability.

Most times, the liability is based on the negligence of the property owner. The negligence can be the failure to maintain the actual pool itself, pool equipment, and even the deck surrounding the pool. It must also be proven that the owner knew or should have known of the dangerous condition before the injury occurred.

What is Comparative Negligence?

It is also important for anyone looking to pursue compensation to understand how comparative negligence might impact a claim. Essentially, under Michigan Compiled Laws § 600.2959, if a claimant is found to be partially at fault for their own injuries, their awarded damages could be reduced to match their percentage of fault. Therefore, if a plaintiff was deemed to be 25 percent at fault, they could still recover 75 percent of the awarded damages. It is up to a judge or jury to decide the percentage of fault for each party.

Call a Michigan Swimming Pool Accident Attorney for Help

You should consider reaching out to a Michigan swimming pool accident lawyer if you or a loved one has suffered an injury due to a negligent pool owner, manufacturer, or lifeguard. When the careless or reckless behavior of any of these entities causes your injuries, you have legal options and might be able to demand compensation through a civil lawsuit.

However, due to the legal nuances associated with filing a claim, having a tenacious and skillful attorney on your side might be beneficial. To schedule a free case review following an injury, reach out to a legal professional at Buckfire & Buckfire, P.C. today. There are no fees unless you win a settlement.