Detroit Swimming Pool Accident Lawyer

A swimming pool can become dangerous in seconds when someone responsible for the property fails to take reasonable safety precautions. A missing barrier, unsafe diving area, slippery surface, or lack of proper supervision can leave someone seriously injured or even result in a drowning.

If you or your child was injured at a swimming pool because of someone else’s negligence, Michigan law may give you the right to seek compensation. Our Detroit premises liability lawyers handle swimming pool accidents and premises liability claims and can investigate what happened, identify who was responsible, and determine what legal options may be available.

If you or your child suffered a serious injury at a Detroit swimming pool, contact Davis Injury Lawyers to discuss your case.

How Swimming Pool Accidents Happen

Many swimming pool injuries are preventable. When a property owner or pool operator fails to address a known safety problem, that failure can put swimmers and other visitors at risk.

For public swimming pools covered by Michigan’s regulations, owners and operators have specific safety responsibilities. The Public Swimming Pools Act and Rules establish requirements for the operation and maintenance of public pools.

For example, Rule 325.2198 addresses lifeguard service and activities that could distract lifeguards from supervising swimmers. Rule 325.2194a requires certain pool operators to maintain an emergency response plan addressing rescues and submersions.

Swimming pool accidents can happen because of:

• Inadequate supervision
• Missing or inadequate barriers around the pool
• Unsafe or slippery surfaces
• Dangerous diving areas
• Broken drains, ladders, handrails, or other pool equipment
• Improper chemical levels
• Poor pool maintenance
• Other unsafe conditions that should have been addressed

Federal law also addresses the risk of drain entrapment. The Virginia Graeme Baker Pool and Spa Safety Act establishes requirements for compliant drain covers at public pools and spas. The U.S. Consumer Product Safety Commission also provides guidance regarding secondary anti-entrapment systems for certain drain configurations.

A violation of a safety rule does not automatically establish liability for an injury. However, it can provide important evidence about the safety measures that should have been in place. Davis Injury Lawyers can investigate whether a safety violation or other dangerous condition contributed to your accident.

Common Swimming Pool Injuries

Swimming pool accidents can cause serious injuries because a relatively minor safety failure can quickly become an emergency. The type of accident can also determine what evidence needs to be investigated.

Common swimming pool injuries include:

• Drowning and nonfatal drowning injuries
• Brain and neurological injuries caused by oxygen deprivation
• Head, neck, and spinal cord injuries from diving accidents
• Broken bones and other injuries from falls
• Injuries caused by drain entrapment
• Chemical burns and other chemical exposure injuries
• Injuries caused by defective or dangerous pool equipment

A nonfatal drowning can cause permanent neurological damage when the brain is deprived of oxygen. The medical consequences may continue long after the initial accident and can affect your ability to work, care for your family, and live independently.

If someone you love died in a swimming pool accident, the personal representative of the estate may be able to pursue a wrongful death claim when another party’s negligence or wrongful conduct caused the death.

If defective pool equipment contributed to the accident, a Detroit product liability lawyer can investigate whether the manufacturer, seller, or another party may also be responsible.

When Is a Pool Owner Responsible for an Injury in Michigan?

Simply being injured at a swimming pool does not automatically make the property owner responsible. A successful premises liability claim generally requires evidence that the property owner or other responsible party owed you a duty of care, failed to meet that duty, and that failure caused your injury.

The circumstances surrounding your accident matter. For example, Michigan premises liability law considers why you were on the property and what type of dangerous condition caused your injury.

What Duty Does a Pool Owner Owe You?

If a business invited you onto its property to use a swimming pool, you would generally be considered an invitee. A land possessor owes invitees a duty to use reasonable care to protect them from unreasonable risks caused by dangerous conditions on the property.

The circumstances can differ when an accident occurs at a private residence or another type of property. Davis Injury Lawyers can examine why you were on the property, who controlled the pool, and what condition caused your injury.

For a public swimming pool subject to Michigan regulations, we can also determine whether the owner or operator followed the safety requirements applicable to that facility. A violation may provide evidence that the pool operator failed to take appropriate safety measures, but it must still be connected to the accident and the resulting injury.

How Do You Prove a Dangerous Pool Condition Caused Your Injury?

Proving a swimming pool injury claim requires more than showing that an accident occurred. The evidence must establish what caused the accident and whether the person responsible for the property knew or should have known about the dangerous condition.

Evidence can include:

• Photographs and videos of the pool and the surrounding area
• Pool inspection and maintenance records
• Safety policies and procedures
• Lifeguard schedules and training records
• Witness statements
• Incident reports
• Surveillance footage
• Records showing previous complaints or similar incidents
• Medical records documenting your injuries

Investigating quickly can be important. A dangerous condition may be repaired, equipment may be replaced, surveillance footage may be overwritten, and witnesses may become harder to locate. Davis Injury Lawyers can work to preserve relevant evidence and investigate the circumstances surrounding your accident.

Michigan Law: When a Child Enters a Pool Without Permission

Swimming pool accidents involving children can raise different legal issues, particularly when a child enters a pool area without permission.

Michigan’s Trespass Liability Act includes a specific exception that can apply when a child is injured by an artificial condition on another person’s property. The ordinary rules that apply to someone who enters private property without permission do not necessarily end the analysis when a child is injured.

What Happens If a Child Enters a Pool Without Permission?

Michigan’s Trespass Liability Act, MCL 554.583, establishes circumstances in which a land possessor may be responsible for injuries to a child caused by an artificial condition on the property.

The law considers factors including whether the land possessor knew or had reason to know that children were likely to trespass in the area and whether the condition created a risk of death or serious bodily injury that the child could not reasonably recognize because of the child’s age.

The statute also addresses whether the land possessor took reasonable steps to eliminate the danger or protect children from it. These are some of the issues courts consider in cases sometimes described as involving the attractive nuisance doctrine.

A child’s presence on private property without permission does not automatically make the property owner liable. The specific facts surrounding the accident matter.

Did a Pool Barrier or Gate Fail?

A fence, gate, or other barrier can be an important part of preventing a young child from reaching a swimming pool. If your child entered the pool area through a gate or barrier intended to restrict access, the condition of that barrier may provide important evidence about how the accident occurred.

Davis Injury Lawyers can investigate whether the barrier was properly installed, maintained, and secured, and whether other safety measures were in place.

The applicable requirements can vary depending on the type of property and pool involved. Public swimming pool regulations and residential pool safety requirements are not necessarily the same, so it is important to determine which rules apply to the property where your child was injured.

Comparative Fault in a Michigan Swimming Pool Accident

A property owner or insurance company may argue that you were partly responsible for your swimming pool accident. Under Michigan’s comparative fault law, that argument can affect the amount of compensation you may recover.

Under MCL 600.2959, damages may be reduced by a person’s percentage of fault. If your fault exceeds the combined fault of the other parties responsible for your injuries, Michigan law bars recovery of noneconomic damages. Economic damages can still be recovered, subject to the reduction for your percentage of fault.

A property owner may also argue that you should have recognized the danger before you were injured. Michigan law regarding so-called “open and obvious” conditions changed following the Michigan Supreme Court’s decision in Kandil-Elsayed v. F & E Oil, Inc.

An open and obvious condition does not automatically eliminate a land possessor’s duty to use reasonable care. The circumstances surrounding the danger, the parties’ conduct, and any comparative fault can still affect the outcome of a case.

Compensation for Swimming Pool Injuries in Michigan

The costs of a serious swimming pool injury can continue long after the accident. Medical treatment, rehabilitation, time away from work, and the effects of a permanent injury can all affect you and your family.

Depending on the circumstances of your case, compensation may include:

• Medical expenses related to your injuries
• Future medical and rehabilitation expenses
• Income lost while you were unable to work
• Reduced earning ability caused by a lasting injury
• Physical pain and suffering
• Other non-economic damages allowed by Michigan law

If a loved one died in a swimming pool accident, Michigan’s Wrongful Death Act, MCL 600.2922, governs the wrongful death claim. The personal representative of the estate brings the action and may seek the damages permitted under Michigan law.

The value of a swimming pool injury claim depends on the injuries, the circumstances of the accident, evidence of negligence, and other factors. Davis Injury Lawyers can review the facts of your case and explain what compensation may be available.

How Davis Injury Lawyers Can Help After a Swimming Pool Accident

After a serious swimming pool accident, determining who was responsible may require a detailed investigation. Davis Injury Lawyers can investigate the condition of the pool and the surrounding property, identify the parties responsible for its maintenance, and gather evidence of what happened.

We can also handle communications with insurance companies and work to protect the evidence needed to pursue your claim. Our goal is to build a case based on the facts while you focus on your recovery.

Attorney Maurice Davis has years of experience representing people injured because of negligence, including victims of premises liability accidents. Davis Injury Lawyers has secured a six-figure settlement for a client injured in a slip-and-fall case.

Michigan Swimming Pool Injury FAQs

How long do I have to file a swimming pool injury lawsuit in Michigan?

Michigan generally gives you three years from the date of an injury to file a personal injury lawsuit under MCL 600.5805. However, exceptions and different deadlines can apply in certain circumstances. Government entities, minors, and other specific circumstances can involve different rules. You should not assume that you have three years to bring your claim. Davis Injury Lawyers can review the circumstances of your accident and determine which deadlines may apply.

Can I bring a swimming pool injury claim if I signed a waiver?

Signing a waiver does not automatically prevent you from pursuing a Michigan swimming pool injury claim. The language of the waiver, the circumstances under which you signed it, and the cause of your injury can all matter. If you signed a waiver before using a pool or water park and were later injured, Davis Injury Lawyers can review the agreement and determine whether it may affect your claim.

Can I sue if I was injured at someone else’s private swimming pool?

You may have a premises liability claim if you were injured at a private swimming pool and the property owner or another responsible party failed to meet a legal duty of care. The circumstances of the accident matter, including why you were on the property, what caused your injury, and whether the owner knew or should have known about the dangerous condition.

Who files a swimming pool injury claim when a child is injured?

A parent or other legally authorized person may bring a lawsuit on behalf of an injured child, but the personal injury claim belongs to the child. Michigan law also provides special rules involving the statute of limitations for claims involving minors. Under MCL 600.5851, the deadline can depend on when the claim accrued and when the minor reaches the applicable age. Because the deadline can depend on the specific circumstances, it is important to determine the applicable filing period rather than assume that the ordinary three-year deadline applies.

What should I do after a serious swimming pool accident?

Seek medical attention for your injuries and follow your doctor’s recommendations. If possible, preserve photographs, videos, witness information, incident reports, and other information related to the accident. Avoid making statements to an insurance company about fault or the extent of your injuries before you understand your legal rights. Contact Davis Injury Lawyers as soon as possible so we can begin investigating the accident and work to preserve important evidence.

Talk to a Detroit Swimming Pool Accident Lawyer

A serious swimming pool accident can leave you or your child facing medical treatment, lost income, and lasting injuries. You should not have to investigate the accident or deal with an insurance company on your own while you are trying to recover.

Davis Injury Lawyers can investigate what happened, determine who may be responsible, and help you understand your options for seeking compensation.

If you or someone you love was seriously injured in a Detroit swimming pool accident, contact Davis Injury Lawyers to discuss your case.