It’s always tempting to jump in the pool during the hot Oklahoma summer. Unfortunately, when proper safety measures are neglected, swimming pool accidents can cause serious injuries or, in some cases, fatal injuries.
Victims of near drownings or surviving family members of drowning victims often face expensive medical bills, weeks or months of lost wages, and a sharp drop in their quality of life.
The Oklahoma City swimming pool accident lawyers at Cain Law understand how a serious pool accident can turn your life upside down and cause financial stress. Our Oklahoma City swimming pool accident law firm has recovered more than $100 million for our clients during its 30 years of serving the Oklahoma City area.
If you are seeking legal advice, our law firm can help you understand your legal rights. Our goal is to make the legal process as understandable as possible. Please call now or complete our online contact form to arrange a free consultation with a knowledgeable and compassionate personal injury attorney.
How Cain Law Can Help If You Were Injured in a Swimming Pool Accident
At Cain Law, our Oklahoma premises liability attorneys are experienced at handling personal injury cases and holding negligent parties accountable after drowning accidents. Whether you or a child in your family suffered harm at a private pool, hotel, apartment complex, or public facility, we can provide trusted legal representation based on experience and fight for fair compensation.
Generally speaking, swimming pool accidents happen due to carelessness or disregard for safety precautions on the part of someone. If an accident occurs on someone else’s property, the pool owner may be financially liable. Our legal team can investigate the circumstances surrounding the accident, gather evidence of pool safety violations, and identify negligence in pool accidents.
We’ll develop a personal injury claim, negotiate with insurance companies, and, if needed, seek compensation for pool injuries in court.
Our comprehensive support doesn’t stop there, though. We’ll help you find the right medical providers to enhance your recovery, answer your questions clearly, and guide you through every step of the process with care and honesty. People know us for our thorough approach, compassionate service, and relentless commitment to our clients’ recovery.
Who Can Be Held Liable for a Swimming Pool Accident Injury in Oklahoma?
Property owners in Oklahoma have a basic obligation to maintain their premises in a reasonably safe condition for lawful visitors. Unfortunately, many property owners fail to fulfill their legal obligations, leading to accidents and injuries.
A property owner’s level of responsibility depends on the type of visitor. State law categorizes visitors into three distinct groups: invitees, licensees, and trespassers.
- Invitees are people invited onto a property for business purposes, such as guests at a hotel or customers at a public pool. Property owners owe invitees the highest duty of care. This duty includes regularly inspecting the pool area for potential hazards, addressing known risks, and warning about dangers that can’t be fixed immediately.
- Licensees are social guests or others who have permission to visit a property for non-business reasons. Owners must warn licensees of known dangers.
- Trespassers are people who enter a pool or other property without permission. Generally, property owners do not have swimming pool liability for injuries to trespassers, except in cases involving children. Under Oklahoma’s attractive nuisance doctrine, property owners can be liable for injuries to children, even if they were trespassing, if something on the property is likely to attract kids and poses a danger. (See Section 76-80 of the Oklahoma Statutes.) Swimming pools are a classic example of an attractive nuisance. If a property owner doesn’t put up a secure fence, lock gates, or take other steps to prevent children from gaining unsupervised access to a pool, a pool owner could be responsible for a trespassing child’s injuries.
Parties Who May Be Liable for a Swimming Pool Accident
Several parties might be legally responsible for an Oklahoma swimming pool accident under premises liability law, depending on where and how the injury happened:
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Property Owners
Homeowners, landlords, or business owners can be liable for pool accidents if they don’t keep the pool area safe and secure. For example, they might be responsible for failing to repair a broken ladder or uncovered drain, or leaving the pool unsupervised during open hours. Failing to have proper lighting, depth markers, or safety equipment, such as life rings, could also be considered negligent behavior.
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Pool Maintenance Companies
If a property owner hires a contractor to maintain the pool but the contractor fails to do the job properly, such as leaving cleaning tools in the water, the contractor may share the blame for any resulting accidents.
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Product Manufacturers
Defective drain covers, pool pumps, diving boards, or water slides can cause severe injuries. The company that made or sold the item could be liable for an accident in these situations.
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Lifeguards or Pool Staff
At public pools, resorts, or apartment complexes, lifeguards or staff may be responsible if they didn’t receive proper training or failed to act quickly in an emergency.
Common Causes of Swimming Pool Accidents
Some common causes of Oklahoma City swimming pool accidents include:
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Slippery Surfaces
Wet pool decks and walkways can become extremely slippery. Without proper traction or warning signs, visitors can easily slip, fall, and suffer serious injuries like broken bones or head trauma.
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Lack of Supervision
Whether at a private pool or a public facility, accidents often happen when children or inexperienced swimmers are unsupervised. Even a few seconds without supervision can lead to a life-threatening emergency.
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Broken or Missing Safety Equipment
Pools should have functioning ladders, gates, and drain covers. Broken or missing equipment can increase the risk of entrapment, falls, or drowning.
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Diving Accidents
Diving into shallow water or using damaged diving boards can result in severe head, neck, or spinal cord injuries. While visitors shouldn’t dive into shallow pools, property owners should place warning signs to alert visitors of the potential danger.
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Improper Chemical Use
Incorrect levels of chlorine or other pool chemicals can cause skin burns, eye irritation, or respiratory problems.
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Poor Lighting
Dim or broken lighting around a pool makes it hard to spot hazards, increasing the risk of slips, trips, or falls, particularly at night.
How Common Are Swimming Pool Injuries in Oklahoma City
The Oklahoma Department of Health notes that drowning is the most common cause of death statewide for children ages one through four. In a non-fatal drowning, a child or adult may suffer serious injuries, including brain damage or permanent disability.
The CDC reports that drowning deaths have increased nationwide over the past few years. One study found that over 4,500 people died from drowning each year during a recent three-year period.
Contact Our Swimming Pool Accident Lawyers for a Free Consultation
Under Oklahoma law, you usually have two years after a swimming pool accident to file a personal injury lawsuit and seek compensation for medical expenses and other losses. Let an Oklahoma swimming pool accident lawyer at Cain Law seek justice on your behalf while your family focuses on healing.
We have the experience and resources to pursue full and fair compensation for those harmed by negligence in pool accidents. Please feel free to call us now or complete our contact form to request a free case review.