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Swimming pools provide relaxation and enjoyment, yet accidents in them can lead to severe injuries. According to the Arizona Department of Health Services (ADHS), drowning ranks as a top cause of accidental death among children under five in Arizona, with many incidents occurring in private residential pools.
Taking swift action after a pool accident is critical to ensuring safety, obtaining proper medical care, and safeguarding legal rights. By understanding liability following a pool related injury and pursuing the right legal steps, you can enhance your prospects of filing a successful claim.
This guide outlines key steps to follow after a swimming pool accident and highlights how The Sorenson Law Firm assists victims throughout Arizona.
What Immediate Steps Should Be Taken After a Swimming Pool Accident?
Taking immediate action improves the chances of a successful legal claim and prevents worsening health conditions.
Delayed emergency response may lead to permanent brain damage, organ failure, or wrongful death. Below are critical steps to protect your health and legal rights.
1. Call 911
Dial 911 immediately to summon emergency responders. Provide the dispatcher with clear details: the nature of the accident (e.g., drowning, slip, or collision), the number of people involved, and injury severity (e.g., unconsciousness, bleeding, etc.).
Stay on the line to update them if the situation worsens (e.g., victim stops breathing). Swift response is critical, as delays can lead to permanent brain damage or death, especially in near-drowning cases.
2. Perform First Aid
Act quickly to stabilize the victim while awaiting help. If submerged for a prolonged time, check for breathing and pulse first. If absent, begin CPR immediately, use chest compressions (100–120 per minute) and rescue breaths if trained.
For suspected head, neck, or spinal injuries, immobilize the victim and avoid movement unless they are in immediate danger (e.g., still in water).
For bleeding cuts, apply firm pressure with a clean cloth. If conscious but disoriented, keep them calm, monitor for worsening symptoms (e.g., confusion, shallow breathing, etc.), and reassure them.
3. Seek Medical Attention
Go to a hospital or doctor promptly even if injuries seem minor. A comprehensive evaluation can detect hidden issues like concussions, internal bleeding, or spinal damage.
Request detailed medical records, including diagnoses and prescribed treatments. These document records are essential for establishing the extent of your injuries and linking them to the accident to pursue a legal claim.
Delaying medical care not only risks worsening your condition but it could also be used against you by insurance companies or opposing parties to argue that your injuries were not serious or were unrelated to the incident.
4. Follow Treatment Plans
Once you’ve received medical advice, it is vital to follow your treatment plan diligently.
This includes taking prescribed medications, attending physical therapy sessions, adhering to activity restrictions, and getting adequate rest. Consistent treatment speeds recovery and proves injury severity if pursuing a claim.
Insurance companies and legal opponents often scrutinize whether you followed medical advice, and any gaps in treatment could be used to argue that your injuries were not as severe as claimed or that you contributed to your own delayed recovery.
Skipping appointments, ignoring recommendations, or discontinuing treatment prematurely can weaken both your health outcomes and your legal case.
Keep a detailed record of all medical visits, treatments, and expenses to further support your claim and ensure you are fully compensated for your injuries.
5. Close the Pool
After an accident, it is critical to close the pool to prevent further injuries and reduce liability risks. In public or commercial settings, immediately notify the pool manager, staff, or property owner to request an official closure.
Closing the pool not only protects victims but also helps preserve the accident scene in its original condition, which is vital for investigations and legal proceedings.
If possible, document the scene thoroughly with photos and videos before any repairs or changes are made. This evidence can be crucial in proving negligence or liability.
For residential pools, take immediate steps to restrict access by using physical barriers, such as fences or gates, and post clear warning signs to alert others of the danger. If the pool has a cover, ensure it is securely in place to prevent unauthorized use.
By taking these precautions, you not only protect others from harm but also strengthen your ability to hold responsible parties accountable for the accident.
6. Report the Accident
It is essential to report the accident as soon as possible to the appropriate parties, such as the pool owner, property manager, or local authorities, depending on where the incident occurred.
When filing the report, provide a detailed account of the event, including the exact time, date, and location of the accident, as well as any relevant conditions that have contributed to the incident.
For example, note if the pool water was cloudy, if there were missing or broken safety signs, if the lifeguard was absent, or if there were any visible hazards like slippery surfaces or malfunctioning equipment.
Filing an official report creates a formal, time-stamped record of the incident, which can be invaluable in reducing disputes during legal proceedings. It also ensures that the responsible parties are aware of the situation and can take steps to prevent similar accidents in the future.
Be sure to obtain a copy of the report for your records, as it will serve as critical evidence in legal proceedings.
7. Collect Evidence
Thoroughly documenting the scene of the accident is important for building a strong legal claim. Start by taking clear photos and videos of the area where the incident occurred.
Capture any hazards that may have contributed to the accident, such as uneven steps, broken or missing pool drains, slippery surfaces, inadequate lighting, a broken ladder, or poorly maintained equipment.
If your clothing, footwear, or any personal items (e.g., goggles, swim caps, etc.) were involved in the accident, preserve them in their original condition.
Additionally, gather contact information from any witnesses who saw the incident, and ask them to provide written or recorded statements about what they observed. Witness testimonies can be powerful in corroborating your account of the events.
Retain all medical records, including diagnoses, treatment plans, and receipts for expenses, as these documents will help establish the extent of your injuries and the financial impact of the accident.
Strong, comprehensive documentation not only proves liability but also strengthens your ability to recover damages for medical bills, lost wages, pain and suffering, and other losses.
Who Can Be Held Liable for a Swimming Pool Accident?
Determining the liability in pool accidents depends on the cause of the accident.
Property owners must maintain safe swimming conditions. Negligence, such as lack of supervision or poor maintenance, increases liability of owners. Manufacturers of defective pool equipment may also be responsible.
Drowning is the biggest threat in pool related accidents. Young children and inexperienced swimmers are at higher risk. Identifying drowning hazards reduces potential injuries.
Hundreds of people die from swimming pool accidents each year. Timely medical intervention and legal action help in reducing fatalities. Awareness of safety protocols minimizes the drowning risks.
When Should a Lawyer Be Contacted?
Contact a lawyer within 24 hours of a swimming pool accident to preserve evidence, gather witness statements, and meet legal deadlines.
If the accident involves serious injury, drowning, or wrongful death, consulting an attorney before speaking with insurance companies safeguards your rights and maximizes compensation.
In Arizona, personal injury claims generally have a two-year statute of limitations from the injury date; missing this window forfeits your right to sue. Claims against government entities or employees require a formal notice within 180 days and a lawsuit within one year.
The Sorenson Law Firm specializes in personal injury cases, including pool accidents, offering expert legal guidance and comprehensive case evaluations to secure fair settlements.
Contact us for a free consultation:
- Phone: 480-839-9500
- Address: 950 W Elliot Rd Suite 226, Tempe, AZ 85284
- Book online at The Sorenson Law Firm.
