Injured in a swimming pool in Las Vegas? 5 parties you can sue

Posted on February 9, 2022

Five potential defendants following a swimming pool injury or drowning accident in Las Vegas are:

1. The swimming pool owner(s). Whether the swimming pool is in a private residence, a Las Vegas hotel, or a public park, the property owner of the pool could be liable for any injuries under premises liability law.
2. The swimming pool’s supervisor(s). Any pool managers could be held liable if they were negligent in their duties and there was a lack of supervision and safety measures.
3. The company that constructed the swimming pool. If the injury stemmed from a possible construction defect, the company that built the pool or diving board could be sued on strict liability grounds.
4. The lifeguard(s). If the lifeguard (or swimming lesson instructor) on duty at a public pool or private pool failed to respond to the accident quickly or competently, then the lifeguard could be sued for any injuries happening on his/her watch.
5. Other swimmers. If other swimmers or people in the vicinity caused the victim to be injured (such as by pushing the victim in or in or holding the victim underwater), these other people could face both civil and well as criminal charges.

In Las Vegas, NV hotel pool party lawsuits, the defendants with the deepest pockets and largest insurance company policies are likely the hotels themselves. Even if a hotel employee caused the hazard which injured the defendant, the hotel may still be liable. Under the legal principle of respondeat superior (vicarious liability), employers are responsible for their employees’ negligent acts (or omissions).¹

How much money can I sue for?

In a swimming pool accident case in Nevada, the victim’s personal injury attorney would fight for such compensatory damages as:

• Medical expenses for hospital stays, medications, and rehabilitation;
• Lost wages while being unable to work due to the injuries;
• Lost earning capacity from being unable to work in the future due to the injuries; and
• Pain and suffering and emotional distress whether or not there were serious injuries.

If the victim died, his/her estate or family could bring a wrongful death claim to recover medical bills, funeral expenses and loss of support.²

Most cases resolve with a settlement rather than a verdict. But when a swimming pool personal injury case goes to trial, the judge can award punitive damages if the defendant acted in a deliberately malicious way.³

Does it matter if I was partly to blame?

Under comparative negligence laws, swimming pool victims can still recover damages in a Nevada personal injury claim as long as they were 50% or less at fault. But their compensatory damages will be reduced in proportion to their fault. So someone who was 25% at fault will receive 25% less damages than he/she would otherwise.⁴

In an effort to maximize the settlement, a Las Vegas swimming pool accident attorney would fight to show that the victim’s percent of fault was zero.

What is the statute of limitations?

Under Nevada law, the statute of limitations to sue for a swimming pool injury or drowning is typically two years after the incident.⁵ This sounds like plenty of time, but personal injury lawyers need as much time as possible to craft a winning defense. So victims should consult a law firm right away.

Have you or a loved one sustained a pool accident injury? Contact our experienced Las Vegas swimming pool accident lawyers to discuss your legal options.

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Legal References