Premises Liability and Drowning Accidents

By Mark T. Flickinger, JD on December 10, 2016

A gavel and scaleSwimming pools are great for cooling off and having fun in warmer weather, but without proper safety precautions, swimming pools can be a dangerous place. Drowning is of particular concern when it comes to swimming pools. Those who have pools on their property must make every effort to keep their pools and those around their pools as safe as reasonably possible. When a drowning has occurred due to a property owner's negligence, premises liability laws can help hold the responsible party legally and financially liable. To learn more about your legal rights regarding premises liability and drowning, contact our Provo, UT law firm, Flickinger Sutterfield & Boulton.

The Dangers of Drowning Accidents

It almost goes without saying that death is the biggest danger of drowning, but not all drowning accidents are fatal. Non-fatal drowning accidents can still be devastating to a victim's health and may result in serious medical conditions. Some of these medical conditions include loss of basic body functions, long-term disabilities, learning disabilities, and memory problems.

What Are the Common Causes of Drowning?

There are many precautions swimming pool owners can and should take to keep those on their property safe from drowning. When proper precautions aren't taken, the risk of drowning and other pool-related injuries increases. The following issues can contribute to fatal or non-fatal drowning accidents:

  • No barriers around pool: Pools without barriers may be easily accessed by children, resulting in drowning. It is the responsibility of pool owners to make sure their pool is adequately secured to prevent children, or anyone, from easily entering.
  • Bad drains: An improperly installed swimming pool or hot tub drain can be a source of serious injury. Drains that don't meet reasonable safety standards can have suction powerful enough to hold onto swimmers, leading to drowning.
  • Improper signage: Public pools are required to have signage advising swimmers of the dangers of using the pool, such as warnings against running around the pool and notices of the risks of diving into the shallow end of the pool.
  • Insufficient supervision: The owners of public pools are also required to provide adequate supervision and trained lifeguards. Lifeguards should be trained to perform CPR, prevent drowning, along with many other water safety and rescue efforts.

Who's Responsible?

Premises liability laws hold property owners reasonably responsible for the safety of those who enter their property. Both public and private pool owners have a duty to make every reasonable effort to keep adults and children safe around their pools, including:

  • Public pool owners must keep up on pool maintenance and repairs
  • Private pool owners must advise pool guests of any safety hazards
  • Public and private pool owners must ensure pools are properly secured, such as putting up a fence or wall, to prevent children from entering without supervision

If a drowning accident has occurred due to the negligence on the part of the pool owner, there may be grounds for a premises liability lawsuit. In order to determine if there is a premises liability case, it's important to contact an attorney. A premises liability attorney can help seek compensation for medical bills and pain and suffering.

Contact the Attorneys of Flickinger Sutterfield & Boulton

If you or a loved one has been the victim of a drowning or other swimming pool accident, you may be entitled to legal compensation. To learn more about your legal rights, contact the premises liability attorneys at Flickinger Sutterfield & Boulton.

Related to This

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite

Provo Office

3000 N University Ave
Ste 300
Provo, UT 84604

Open Today 8:00am - 5:00pm

West Jordan Office

6271 S Dixie Dr
Ste 203
West Jordan, UT 84084

Open Today 9:00am - 5:00pm

Orem Office

722 E Heather Rd
Orem, UT 84097

Open Today 8:00am - 5:00pm

Saratoga Springs Office

1332 S Lukas Ln
Saratoga Springs, UT 84045

Open Today 8:00am - 5:00pm