Mainstage v10 img 1 swimming pools are supposed to be fun places to relax, work out, and get some sun. However, even the most cautious swimmers could get in a  pool accident. Pool operators are responsible for ensuring their swimming pools are safe for all guests, including keeping up with the latest safety standards, performing routine maintenance, setting up the appropriate pool signs, and more. If you were injured in a shreveport swimming pool due to the negligence of others, you may be entitled to compensation.

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Swimming pools are supposed to be fun places to relax, work out, and get some sun. However, even the most cautious swimmers could get in a  pool accident. Pool operators are responsible for ensuring their swimming pools are safe for all guests, including keeping up with the latest safety standards, performing routine maintenance, setting up the appropriate pool signs, and more. If you were injured in a Shreveport swimming pool due to the negligence of others, you may be entitled to compensation.

The skilled trial attorneys at Morris & Dewett Injury Lawyers have been fighting tirelessly for the injury victims of Shreveport, Louisiana, for over two decades. One of our experienced pool accident lawyers can help you fight for the compensation you deserve and hold those responsible for your injuries accountable. Our hundreds of 5-star reviews and outstanding results speak for themselves, so you can trust that you will get a diligent, committed, and experienced legal team on your side at every step. 

Can I Get Compensation for Damages From a Shreveport Pool Accident?

You may be entitled to financial compensation if you were injured in a swimming pool due to the negligence of others. To prove that you deserve remuneration, you must first show that:

  • You were injured in an accident. 
  • The accident would not have happened if it were not for the negligence of a third party.
  • The third party owed you a duty of care and failed to provide it. 

A swimming pool operator must provide a reasonable duty of care for all guests. If you were injured because they failed to do so, then you may be able to recover damages for your swimming pool accident.

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Do I Need a Swimming Pool Accident Lawyer?

Having a swimming pool accident lawyer by your side is the best way to maximize your chances of recovering compensation. An experienced attorney can help you:

What Are the Top Causes of Injuries in Shreveport Swimming Pools?

Two of the most common causes of swimming pool injuries are slips and falls, and accidental drownings. However, there are many factors that contribute to an unsafe situation that facilitate these types of injuries. Some of the most common causes of injuries in swimming pools are:

Who Is Liable for a Swimming Pool Accident in Shreveport?

While many pool accidents are no one’s fault, many are caused by someone’s negligence. Swimming pool operators are most often at fault for pool accidents. However, there can be several parties that contributed to the accident, so more than one person or business can be held responsible. Some of the most common liable parties include:

While most pool accident claims are filed against pool operators like gyms, hotels, and water parks, you may also be able to file a lawsuit if you were injured at a private backyard pool. When a property owner invites you into their home, they are responsible for providing a reasonable level of care for the safety of their guests. This means that they may be liable if they were aware of any safety hazards and failed to take reasonable steps to resolve them or alert the guests about them.

Swimming Pool Accident Laws in Louisiana

Premises liability laws apply in Louisiana pool accidents, as swimming pools are considered extensions of someone’s property. If you were injured on someone else’s property, then you may be entitled to compensation depending on how your entry into the property was classified. There are three classifications of entrants in premises liability claims:

  • Invitees: These are the people explicitly invited by the property owner. The property owner owes the greatest duty of care to invitees and must take reasonable steps to prevent any harm to them, or inform them of any potential hazards. Property owners are required to inspect the property for hazards before the invitees arrive. For example, if a neighbor invited you to a pool party at their house, then you would be considered an invitee.
  • Licensees: These are people who have implicit permission from the owner to be on the property. They are also owed a great duty of care by the property owner, but a step below invitees. Property owners are required to take reasonable steps to prevent their harm, but are not required to inspect the property beforehand. For example, a landscaping company would have implicit consent from the owner to be on the property while performing their duties.
  • Trespassers: These are people who enter the property without the owner’s consent. Because their entry is unlawful to begin with, they can rarely claim compensation for any injuries sustained on the property. However, they might be able to get compensation if they can prove that the property owner maliciously placed hazards to hurt trespassers.

Knowing which category of entrant you fall into will help you understand the duty of care required by the property owner, which can help you define if you are entitled to compensation.

Does the Attractive Nuisance Doctrine Apply in Louisiana?

The attractive nuisance doctrine is a tort law doctrine that states that property owners are responsible for any dangerous conditions on their property that may attract children. This applies to swimming pools as well as other water features like fountains and ponds. Under this doctrine, the property owner is responsible for any injuries sustained by a child in the attractive nuisance, even if the child was trespassing. This is because children are unable to properly assess the dangers associated with the nuisance and may be innocently attracted to it, as is the case with swimming pools. Therefore, the property owner is required to take measures to prevent children from getting injured by it, even if the property owner did not consent to the child being on their property.

The state of Louisiana has long upheld the attractive nuisance doctrine. This means that pool owners have a legal requirement to take reasonable measures to protect swimming pools on their property that may attract children. If your child was injured in a pool on someone else’s property, you may be able to claim compensation even if your child was not a guest of the homeowner.

Lifeguards doing cpr after swimming pool accident

Most Common Types of Injuries From Swimming Pools

Swimming pool accidents can cause all kinds of injuries, including catastrophic ones. Slipping on the pool deck and falling on your neck could cause permanent nerve damage, including paralysis. Some of the most common types of injuries from swimming pool accidents are:

Wrongful Death by Drowning

Wrongful death is one of the most unfortunate unintended consequences of a pool accident. An accidental drowning or a catastrophic fall could cause the death of a loved one, which comes with a tremendous amount of grief for their friends and family. If a loved one recently passed away in a pool accident, you may be able to file a wrongful death lawsuit to hold those responsible accountable. 

The following family members can file a wrongful death lawsuit on behalf of the deceased:

  • Spouse
  • Children
  • Domestic partner
  • Grandchildren
  • Family members on the will or otherwise entitled to part of the deceased’s estate

Swimming Pool Accident Statistics

Swimming pool accidents are more common than you might think. In fact, drowning is the number one cause of death in children aged 1 to 4, according to the Centers for Disease Control and Prevention. Here are some of the top swimming pool injury statistics:

  • There are around 4,000 fatal drownings in the United States every year.
  • 22 people suffer from a non-fatal drowning injury each day, on average.
  • Around 40% of drownings that are medically evaluated require hospitalization.
  • Non-fatal drowning can cause serious issues like brain damage.
  • Almost 80% of fatal drowning victims are male.
  • People with seizure disorders are at a higher risk of drowning.
  • Alcohol use is associated with up to 70% of deaths involving water recreation.
  • Medications can increase the risk of drowning, especially those prescribed to treat depression and anxiety.
  • A four-sided fence separating the pool from the rest of the yard can reduce the risk of underage drowning by 83%.

What Kind of Compensation Can I Receive for a Swimming Pool Accident?

Swimming pool accidents can be devastating, and even a simple slip and fall can result in lifelong complications and physical rehabilitation. If you or a loved one were injured in a swimming pool accident, you deserve to be adequately compensated for all of your damages. In the state of Louisiana, damages available to pool accident victims include:

Economic Damages

Economic damages refer to expenses that can be easily quantified. These typically include medical bills and other out-of-pocket expenses, but can also include missed income. Some of the most common types of economic damages available to pool injury victims include:

Medical Bills

Reasonable medical costs associated with your injury are considered economic damages. These include ambulance costs, hospitalization costs, doctor fees, prescription medication, and more.

Physical Rehabilitation and Therapy

Pool injuries can have a long-term or permanent impact on your mobility. If you require physical therapy to recover from the injury, you may claim these costs as economic damages.

Lost Wages

If you had to miss work as a result of your injury, then you may claim compensation for any missed wages as you sought medical treatment after the accident.

Reduced Earning Capacity

If your injury resulted in a permanent disability that will reduce your lifelong earning capacity, then you may be able to get compensation.

Non-economic Damages

Non-economic damages are harder to quantify, as they do not come with an associated bill or price tag. A pool accident can have devastating consequences, many of which cannot be fully compensated by money alone. However, these damages seek to rectify the consequences of accidents like:

Pain and Suffering

A pool accident can be extremely painful and may require extensive rehabilitation. You may pursue compensation for the pain and suffering endured as a result of the accident.

Loss of Enjoyment of Life

Being able to enjoy the pool, the ocean, and lakes is one of the favorite pastimes of many. However, a swimming pool accident could cause severe post-traumatic stress disorder (PTSD) that could prevent you from enjoying swimming pools or bodies of water in the future. You may seek compensation for PTSD.

Anxiety and Depression

A pool accident can be traumatizing. If you experience anxiety, depression, PTSD, or any other mental disorder after your accident, then you deserve to be properly compensated for it.

Punitive Damages

In extreme cases, Louisiana courts may choose to award punitive damages to swimming pool injury victims. While economic and non-economic damages seek to make the injury victim whole after the accident, punitive damages seek to punish the negligent party for particularly egregious behavior. However, these types of damages are only available in situations where the negligent party behaved outrageously. Discuss with your personal injury attorney if punitive damages are a possibility in your pool accident claim.

How Long Do I Have To File a Swimming Pool Accident Claim?

The statute of limitations for personal injury cases in Louisiana is one year. That means that you will have exactly one year from the day of the accident to file a personal injury lawsuit. Otherwise, you forfeit your right to receive compensation for your injuries. Note that the statute of limitations only requires you to file your claim within a year, but the personal injury claims process can take much longer to resolve. 

Can I Collect Compensation if I Am Partially Responsible for a Pool Accident?

Some pool accidents are straightforward, while others are more complicated. In some cases, you or your loved one may share some responsibility for the accident. Louisiana is a comparative fault state, which means that you may seek compensation as long as you are not fully responsible for your accident. 

For example, if you were found to be 20 percent responsible for your accident, then you can seek compensation for only 80 percent of the damages. So, if your total compensation amount is set to $20,000, then you can obtain up to $16,000 in compensation.

What Should I Do After a Swimming Pool Accident?

A swimming pool accident can be an unexpected turn of events to an otherwise fun and relaxing day. However, you do not have to let the situation get out of control after the accident. Here is what you should do after a pool accident in Shreveport:

  • Stay calm
    The first thing you should do after a swimming pool accident is remain calm and assess the situation. You will not be able to assist yourself and others if you cannot think clearly.
  • Call 911
    You should call 911 and request medical assistance if the pool accident results in any injuries. The paramedics will come to assist those who are injured, and the police may be dispatched to file a police report. The police report can be helpful if you choose to see compensation in the future.
  • Do not admit guilt
    The moments immediately following a pool accident can be heated. Avoid making any incriminating statements like saying the accident was your fault or apologizing for it.
  • Get contact information
    You should obtain the contact information of all parties involved, even if you are unsure about pursuing compensation.
  • Take pictures of the accident scene
    Taking photographic evidence of the pool and the surrounding area can help you establish who was negligent if you decide to pursue compensation.
  • Seek legal advice
    Filing a pool accident claim can be complicated, and insurers will fight you along the way to reduce the amount of compensation they are required to pay. An experienced pool accident attorney can help you even the playing field and maximize your financial award or settlement.

Get an Experienced Shreveport Pool Accident Lawyer on Your Side

Getting into an accident is the last thing you expect when you plan a fun day at the pool. However, these accidents can and do happen, and you deserve to be compensated for any injuries you incur from them. With an experienced Shreveport pool accident lawyer by your side, you will be able to maximize your chances of receiving adequate compensation for your injuries.

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