What Can I Do If My Child Was Injured or Drowned in a Neighbor’s Swimming Pool?

 Posted on May 27, 2022 in Personal Injury

Around 4,000 people accidentally drown and die every year in America; around twice that number non-fatally drown. For children, the risk is even higher - drowning is the leading cause of death after car accidents for children between ages one and 14. And while parents and children can glean great enjoyment from a neighbor who is generous with their swimming pool, the threat of drowning without proper supervision and pool safety measures is a serious risk.

Parents who have lost, or almost lost, a child to drowning because a neighbor did not place proper safeguards around their swimming pool know the deepest kind of hurt and trauma a parent can experience. If you find yourself in this situation, you may justifiably wonder whether there is something you can do to recover compensation and make sure other children are kept safe from drowning. 

How Do Pool Drownings Happen? 

While adults often drown because they cannot swim, disregard risky situations, or fail to read warning signs about dangerous water conditions, children usually drown because of the following reasons: 

• Lack of adult supervision 

• Lack of safety barriers 

• Lack of safety devices that protect hair, body parts, and clothing from being sucked into a pool’s drainage system

• Unsafe surfaces surrounding the pool that create slipping and falling hazards 

Even when a drowning is not fatal, it can cause serious and even lifelong physical damage, including: 

• Severe brain damage 

• Comas

• Learning disabilities

• Memory problems

Is the Swimming Pool Owner Responsible For Injuries in the Pool? 

Generally speaking, private homeowners with swimming pools can be held responsible for injuries that happen in their pool under Illinois premises liability law. Property owners owe their guests reasonable care to keep their premises safe. This is true even if a small child comes onto the property without permission because their swimming pool, like a trampoline or tree house, is considered an “attractive nuisance” that draws in children who would not otherwise trespass. Illinois also has specific laws requiring private swimming pools to be enclosed by a barrier at least 42 inches tall. 

Do I Sue the Homeowner Directly? 

The first source for legal damages in a private swimming pool injury incident is generally the homeowner’s insurance company. However, the insurance company’s coverage may not be enough to cover the full extent of the injuries or losses incurred in the drowning incident. Homeowners can also be sued directly. The best course of action will depend on the unique circumstances of your situation, and an experienced attorney can help you investigate and decide what is best. 

Contact Illinois Accidental Drowning Lawyer Michael J. Lichner

Take legal action after a swimming pool accident by contacting a Will County swimming pool injuries attorney. We take every case of swimming pool injuries seriously and fight passionately to protect against future injuries, drownings, and deaths. Call us now at 815-730-1977 to schedule a free consultation today. 

Source: 

https://www.cdc.gov/drowning/facts/index.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fhomeandrecreationalsafety%2Fwater-safety%2Fwaterinjuries-factsheet.html 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1244&ChapterID=21