Swimming pools can provide hours of enjoyment but also come with responsibilities and potential risks of injuries and drowning. When a drowning or accident occurs in a private pool, questions often arise about what to do and who’s at fault, particularly concerning the property owner’s duty to maintain safety standards.
If a loved one has died due to a drowning incident in someone’s pool, please understand that you are not alone. There is help for you to understand your legal rights and your options. Immediately contact our Las Vegas swimming pool accident lawyer for a personalized and confidential consultation to help you through this difficult time.
Drowning Accidents and Liability
A pool owner has a responsibility to maintain a safe environment for guests. This duty of care is a key aspect of pool liability, meaning the owner should regularly inspect the swimming pool, remove or clearly mark any risks, and ensure emergency equipment, such as life rings or a first aid kit, is readily available. If a drowning accident occurs due to neglecting these safety measures, the swimming pool owner could be held at fault for the injuries and damages caused by the owner’s negligence.
Trespassing vs. Legal Entry: Attractive Nuisance
In premises liability cases, property owners are generally protected if a trespasser is injured on their property. However, the “attractive nuisance” doctrine creates an exception when children are involved because they may not understand the dangers involved. For instance, a property owner with a swimming pool must recognize that a private pool could tempt children. Because of this, it is essential to take preventative measures, such as installing a secure fence, functional locks, or even an alarm. If a trespassing child is injured or drowns because these precautions were not implemented, the property owner may face liability.
What Are the Most Common Swimming Pool Accidents?
Swimming pools, while enjoyable, can pose serious risks if reasonable precautions and safety measures aren’t followed. Some of the most common pool mishaps include:
- Drowning incidents: Often due to lack of supervision or inadequate barriers.
- Slips and falls: Common around wet, slippery pool areas.
- Diving board injuries: Often lead to head, neck, or spine injuries if proper precautions aren’t taken.
- Broken bones, cuts, and infections: Caused by poor maintenance, sharp objects, or unsanitary water conditions.
- Electrical hazards and electrocution: These can occur when pool lighting, pumps, or other electrical components malfunction due to improper installation or wear.
These accidents are often linked to poor maintenance, lack of supervision, or inadequate safety barriers. A pool owner has a responsibility to take reasonable precautions, including regularly inspecting the swimming pool and its equipment, setting up barriers to restrict unsupervised access, and actively overseeing pool activities to reduce the chance of a swimming pool injury. If you or a family member is injured or has tragically died due to a pool owner’s negligence, you need to contact our pool accident attorney at Cameron Law immediately.
Wrongful Death Lawsuits in Nevada
If you have lost a loved one due to a drowning accident in Nevada, you may be eligible to seek compensation through a wrongful death lawsuit. To pursue this type of claim, it’s necessary to demonstrate specific elements that:
- A death occurred.
- The death was a direct result of another’s negligence, intentional harm, or a faulty product.
- Surviving family members are experiencing damages, such as financial strain, emotional pain, or loss of support.
Who Can File a Wrongful Death Claim in Nevada?
In Nevada, only specific individuals have the legal right to file a wrongful death claim after losing a loved one. Eligible parties typically include the surviving spouse, any surviving children (including legally adopted children), and the deceased’s parents, whether biological or adoptive. If none of these relatives are available, the personal representative of the deceased's estate may also file a claim on behalf of the injured party’s beneficiaries. Each of these individuals can seek compensation for losses such as emotional pain, financial support, and other damages stemming from the wrongful death.
Damages in a Nevada Wrongful Death Claim
In a Nevada wrongful death claim, there are three primary types of damages that may be awarded:
- The first category covers damages experienced by the deceased before their passing, including medical bills, lost earnings, pain and suffering, and funeral expenses.
- The second category addresses losses suffered by surviving family members, such as the loss of financial support, care, guidance, and companionship, which can deeply impact the family’s well-being and stability.
- Lastly, if the case involves outrageous misconduct or reckless behavior by the at-fault defendant, the court may award punitive damages. These damages are intended not only to punish the responsible party but also to deter similar conduct in the future.
Each category of damages reflects the extensive impact a wrongful death can have on both the deceased’s estate and the surviving loved ones.
Steps to Take After a Loved One Drowns
If a loved one drowns in a swimming pool accident on someone else’s property, gathering key evidence can be crucial in a potential wrongful death claim. Here are some steps to consider:
- Take detailed photos and video of the scene: Take pictures and video of the swimming pool area, safety barriers like fences or gates, locks, and any signage indicating safety warnings.
- Document involved items: Collect or photograph any items involved in the accident, such as pool toys or objects that may have contributed. Retain these if possible, especially if a defective product is suspected.
- Write an account of events: Record details of what led up to the swimming pool accidents, noting any signs of property owner negligence, like an unsecured gate or missing warning signs.
Following these steps can help build a strong case if you pursue a wrongful death claim for damages on behalf of the injured party.
Let Our Premise Liability Attorneys Fight for You
Determining liability in drowning accidents on private property can be complex, involving factors like property owner responsibilities, visitor status, and safety precautions. From understanding the duty of care owed to lawful visitors to recognizing exceptions for child trespassers, property owners must be vigilant in securing their premises. For families dealing with the loss of a loved one, wrongful death claims can provide necessary support, but they require careful documentation and legal skill to prove negligence.
If you’re navigating these challenging circumstances, our Las Vegas attorney for pool accident injuries can guide you through the legal process to pursue justice and secure the compensation your family deserves. Get in touch with Cameron Law now!
