Under Nevada law, homeowners or business owners can be held liable for drownings and accidents that happen on their property. Unsecured swimming pools are considered an “attractive nuisance” for children, meaning that homeowners are responsible for accidents in their unfenced pool – even if they did not give the child permission to enter the pool.
If you or someone you love has been injured or killed in a Las Vegas swimming pool, our Nevada personal injury lawyers are here to help. In this article, we will answer the following key questions about Nevada swimming pool injury laws:
- 1. Who is liable for swimming pool accidents in Nevada?
- 2. Why hire a Nevada personal injury lawyer?
- 3. What about drowning accidents that cause brain injury?
- 4. Can families of drowning victims sue for wrongful death?
- 5. What are drowning prevention tips?
1. Who is liable for swimming pool accidents in Nevada?
Pool owners or operators are also responsible for making sure that both the pool and pool area are free of hazards that could cause serious injuries. Causes of swimming pool injuries can include (without limitation):
- Lack of supervision, especially at pool parties,
- Open or broken gates,
- Loose tiles,
- Cracked pavement,
- Inadequate lighting,
- Defective diving boards,
- Defective drain covers, causing suction entrapment,
- Slippery surfaces,
- Lifeguard negligence, and
- Sharp edges inside the pool (from broken lights, drains or pool toys).
You may also be entitled to compensation under Nevada products liability laws if the accident resulted from improperly working equipment (such as a life preserver) — even if the accident occurred at home.1
To learn more about property owner obligations, please see our article on Premises Liability in Nevada.
2. Why hire a Nevada personal injury lawyer?
An experienced Nevada swimming pool accident lawyer can help you recover money damages for medical bills and more based upon Nevada drowning accident laws.
We can help you determine who is responsible for compensating you and present a compelling case for liability.
When an accident occurs at a friend’s home, you may be loathed to press a personal injury claim. Having a lawyer make the calls for you can save you a great deal of unpleasantness.
If the accident occurred at a public place (such as a hotel swimming pool) there may be multiple entities that are potentially liable: the hotel, the swimming pool operator, the company that provided the lifeguards, and various insurance companies.
An experienced injury attorney can remove the strain of dealing with insurance adjusters and others whose sole goal is to get you to walk away, or to take less than your claim is worth.
3. What about drowning accidents that cause brain injury?
Not all drowning lawsuits involve deaths. When extended underwater submersion occurs, the brain is deprived of oxygen. In some situations, this hypoxia leads to brain damage. If someone you love has suffered from brain damage after a swimming pool accident, you need a strong advocate on your side. The Clark County personal injury lawyers at the Las Vegas Defense Group, L.L.C., can help you prove liability for the drowning and recover compensation for the brain injury.
Prognoses can be uncertain for brain damage caused by drowning. Lifetime care may be required, costing more than many families can afford on their own. Let our Las Vegas swimming pool accident lawyers help you explore your legal options so that your family can regain its financial footing and begin to find peace after a tragedy.2
4. Can families of drowning victims sue for wrongful death?
Too many lives are cut short too soon by swimming pool accidents in Clark County. And you should never have to deal with such a nightmare alone.
If you think you may want to file a suit for wrongful death after a drowning incident, we recommend you call us sooner rather than later. Our Las Vegas wrongful death lawyers work with top personal injury investigators and forensic experts who can examine the accident scene, talk to witnesses and help us put together a compelling presentation to the liable party on your behalf.
We understand that a legal claim may be the last thing you want to think about. Our Nevada wrongful death lawyers are here to make things easier if a swimming pool accident has claimed the life of someone you love.
5. What are drowning prevention tips?
The Clark County Building Department Pool Safety page recommends the following “A-B-C-Ds” of drowning prevention:
- A = Adult Supervision
- B = Barriers (for your pool)
- C = Classes (swimming lessons and CPR)
- D = Devices (personal flotation devices [PFDs], life jackets, and rescue tools)
One of the biggest reasons that children die in swimming pools is an insecure covering of the pool. If you have a swimming pool that is not enclosed, make sure that the cover is on at all times whenever the pool is unsupervised.
Other steps you can take include fencing with gate latches that are too high for a child to reach.
But the most important thing you can do to prevent drowning is to have a responsible adult watching people at or in the pool at all times.
It is also important to know what a drowning child or adult looks like in order to be able to prevent swimming pool accidents at home and elsewhere.
Many people assume that drowning people will scream or splash. The reality is very different. During the drowning process, the victims push their arms downward rather than waving for help. This instinct is designed to get the mouth to air as quickly as possible.
When victims are drowning, their mouths sink below and reappears above the water’s surface. They have no time to cry out or scream. This instinctive response seems hard-wired into humans.
That is why trained lifeguards are so important in public pools, and why supervision is equally important in private pools. If you see someone in a pool begin surfacing intermittently while remaining silent and not kicking, know that he/she needs help immediately.
Have you or a loved one been injured in a swimming pool accident in Nevada? Our Las Vegas premises liability lawyers can help you determine whether someone else is liable for your injuries and whether you are entitled to compensation. Best of all, if our personal injury attorneys take your case, we won’t take a dime until you settle your claim or win your lawsuit.
The statute of limitations in Nevada personal injury cases can be as short as two (2) years, so be sure to contact us right away to start working on your case.
See our related article, Injured in a swimming pool in Las Vegas? 5 parties you can sue.