Injured in a swimming pool in Las Vegas? 3 parties you can sue

Posted on July 26, 2022

Drowning victim getting CPR — There are many potential defendants following a swimming pool injury or drowning.

So far in 2022, three children have died by drowning in Las Vegas swimming pools. Last year the Southern Nevada Health District recorded 18 submersion incidents in private and public pools of children 14 and younger. And the CDC estimates that 1.25 of every 100,000 people in Nevada suffer drowning deaths.¹

Drownings are not the only swimming pool injuries in Las Vegas. People also sustain fractures and cuts from slip-and-falls, infections from untreated water, or electrocution burns if an electric cord touches the water.

Swimming pool deaths shatter families. And non-fatal accidents can result in serious injuries requiring expensive medical treatments and home healthcare. And in many of these cases, a third-party is to blame.

Three potential defendants you can sue in a Las Vegas swimming pool injury lawsuit are:

The swimming pool owner(s)
Other swimmers
The pool- or pool equipment manufacturer

Near-drownings can cause brain damage (including traumatic brain injuries) and disabilities.

1. Swimming pool owners(s)

Drowning victims (or victims’ families) can bring a negligence lawsuit against the person or company who owned the swimming pool . Even if the owner was not present during the accident, they still have a legal “duty of care” under premises liability law.

To prevail on in a premises liability lawsuit, plaintiffs would need to prove:

There was a dangerous condition on the premises;
The property owner knew (or reasonably should have known) about it; and
The dangerous condition caused the plaintiff’s injuries.

For example if a homeowner failed to fence up their residential swimming pool even though they knew children trespassers had easy access to their backyard, they could be sued if children get hurt or killed in the pool.

Or if a Las Vegas hotel has a private pool party but fails to hire a lifeguard, it could be held liable for any unintentional drownings due to lack of supervision. This is especially true if the hotel managers knew their guests (“invitees”) would be drinking and therefore prone to fall accidents.

Even the City of Las Vegas could be held liable for accidents that occur in its public swimming pools. For example if a defective pool drain sucks a swimmer underwater (“circulation entrapment”), the local government could be sued for failing to maintain pool safety.

Note that it may also be possible to sue the supervisors or lifeguards on duty (if any) if a swimmer was injured on their watch. But under the legal principle of respondeat superior (vicarious liability), employers are responsible for their employees’ negligence. And the employers likely have deeper pockets anyway.²

Drowning is the most common cause of unintentional death of young children 1 to 4.

2. Other swimmers

Sometimes swimming pool accidents occur at the fault of other swimmers, particularly if they are intoxicated or in a fight. Examples include pushing the victim into the pool (causing them to hit their head) or holding the victim underwater too long.

In these cases, victims may be able to sue the at-fault party for battery. And if the victim died, their family could file a wrongful death lawsuit.³ (And depending on the case, the D.A. may bring criminal charges as well.)

3. The pool- or equipment manufacturer

The manufacturers of pools and pool equipment (such as diving boards, handrails, and slides) are held to a strict liability standard. In order to prevail in a lawsuit against them following a swimming pool accident, the plaintiff would have to show :

The product was defective;
The defect existed when the product left the defendant’s possession;
The product was used in a manner reasonably foreseeable by the defendant; and
That the defect was a cause of the plaintiff’s injuries.

Common evidence in these cases are photographs of the defective equipment and eyewitnesses who can testify to how it failed.⁴

Group of friends together in the swimming pool leisure

People can drown in even shallow water and hot tubs.

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.

Our law firm handles all types of cases, from hotel pool party lawsuits to car accidents. And our Nevada personal injury lawyers fight for maximum medical expenses, lost wages, lost earning capacity, and pain and suffering and emotional distress.

The statute of limitations to sue for a swimming pool injury or drowning is usually only two years after the incident. So contact our drowning accident personal injury attorneys right away to start working on your case.

Legal References

Elaine Emerson, Las Vegas police urge pool safety after 6-year-old, 2-year-old dies, KVVU-TV (June 9, 2022). Cody Lee, Child dies after drowning at Siegel Suites in central Las Vegas, KVVU-TV (June 23, 2022). Nonfatal and Fatal Drowning Statistics, SNHD. Drowning Data, Centers for Disease Control and Prevention. See also Pool or Spa Submersion: Estimated Nonfatal Drowning Injuries and Reported Drownings, 2021 Report, U.S. Consumer Product Safety Commission (May, 2021).
NRS 42.005. NRS 41.745. NRS 41.141. See, for example, Frances v. Plaza Pac. Equities (1993) 109 Nev. 91. Twardowski v. Westward Ho Motels (1970) 86 Nev. 784.
NRS 41.085.
See, for example, Nevada Lakeshore Co. v. Diamond Elec. (1973) 89 Nev. 293.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.