Drowning is still a leading cause of death for children aged 1-4, floating among the top 5 depending on where you are in the world. The Centers for Disease Control and Prevention stated that three children lose their lives every day, and even if they manage to survive, nearly dying in that specific manner results in life-altering injuries.
Parents and babysitters always have the same response, and it's incredibly true: “I only looked away for a few minutes!”
It takes fewer than five minutes for someone to drown.
Many pool accidents happen because of reckless or negligent behavior.
Sometimes it's just because the supervisor wasn't paying attention. This can happen at any type of pool – a hotel pool, water park, a pool atop a cruise ship, private home pool or a friend's house.
Either way, the case would be a traditional negligence suit in which you need to prove the following:
Homeowners and pool owners can be held liable for any injuries, even if they weren't home at the time, because the pools are ultimately their responsibility.
Colorado property owners are required to maintain their premises in reasonably safe conditions and to warn visitors of any known dangers. They can even be held responsible for trespassers. If they fail to do that and their actions result in injuries, they can be held liable for the harm.
Some of these results can be prosecuted under the doctrine of “attractive nuisance.”
Under the Colorado Premises Liability Statute, children aren't as competent or experienced in the world as adults are. They look at a pool and think, “Oooooh, that looks fun.” Extra measures must be taken to deter children from finding their way in and hurting themselves in the process.
Near-drowning accidents can result in terrible tragedies.
Submersion injuries cause oxygen starvation to the brain. They can happen because of the child's inability to swim, or faulty or malfunctioning swimming pool equipment. The biggest health concern is permanent damage to the brain, though faulty pool drains can also result in injuries to the bowels or other systems, which can result in lifelong injuries.
Diving into shallow water also can result in serious harm to the spinal cord or brain. These can cause permanent brain damage, which affects a person's cognitive abilities, language center, motor skills and many other functions. Neurological function will also be impaired, ranging from the ability to breathe, to partial or complete paralysis.
Drowning-related disabilities are life-changing in multiple ways. Medical costs for patients of this magnitude can hit $180,000 per year. If there is permanent brain damage, meaning decades' worth of costs, it can reach $4.5 million over that person's lifespan.
If an individual has been injured while swimming on another person's property, he or she would have two years from the date of the accident to bring a premises liability case. They would also have that same amount of time to bring a wrongful death case. Speaking with an attorney as soon as possible will help to preserve your rights.
Here are some tips for safer swimming:
Here are some of the best organizations that are dedicated to teaching better swimming techniques and offering educational resources:
We hope these resources allow you to own a pool or swim without worry. In the meantime, if you need to speak with an attorney, try the Enjuris Colorado law firm directory!