Who is responsible for a swimming pool accident under Nevada law?
Each year hundreds of people die in swimming pools accidents. Many of the victims are young children. In fact, drowning is the most common cause of death among kids ages 1 to 4-years old. And swimming pools are the most likely location for drowning.
Even non-fatal accidents in swimming pools can be life-changing. Drowning injuries can cause irreversible brain damage that rob the victims of quality of life forever.
Other injuries that can result from swimming pool accidents in Clark County include concussions, fractures and sprains.
If you or someone you love has been injured or killed in a swimming pool accident, our Las Vegas Nevada personal injury lawyers are here to help.
Liability for Swimming Pool Accidents in Nevada
Per Nevada law, homeowners or business owners are frequently liable for swimming pool accidents that take place on their property. Unsecured swimming pools are considered an “attractive nuisance” to children. This means that homeowners are legally responsible for accidents in their unfenced pool — even if they did not give the child permission to enter the pool.
Pool owners or operators are also responsible for making sure that both the pool and pool area are free of hazards that could cause injuries. Causes of swimming pool injuries can include (without limitation):
- Lack of adequate supervision,
- Open or broken gates,
- Loose tiles,
- Cracked pavement,
- Inadequate lighting,
- 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.
To learn more about property owner obligations, please see our article on Premises Liability in Nevada.
And to discuss your specific case with an experienced Las Vegas personal injury lawyer, call us for a free, no-obligation consultation.
Why Hire a Nevada Personal Injury Lawyer?
An experienced Nevada swimming pool accident lawyer can help you recover money damages 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 the 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 insurers.
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.
Drowning and Brain Injury
Not all drowning lawsuits involve deaths. When drowning 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 attorneys help you explore your legal options so that your family can regain its financial footing and begin to find peace after a tragedy.
Wrongful Death in Nevada
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.
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 (swim 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.
Injured in a Nevada swimming pool accident? Call us for help…
If you or someone you know has been injured in a swimming pool accident in Clark County, we invite you to contact us for a free consultation.
Our caring Las Vegas personal injury lawyers can help you determine whether someone is else is liable for your injuries and whether you are entitled to compensation. Best of all, if we take your case, we won’t take a dime until you settle your claim or win your lawsuit.
To schedule your free consultation, call us or fill out the form below. One of our Nevada personal injury lawyers will get back to you promptly to discuss your case and your best course of action.
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.