Swimming Pool Accident Claims: No Win, No Fee

Suffering an accident in a swimming pool can cause serious and life-changing injuries. If you or your child have suffered an injury at a swimming pool due to someone else’s negligence then you may be entitled to make a personal injury claim on a no win, no fee basis.

Our team of personal injury solicitors at Beacon Law have ample experience in assisting clients with making a claim for their swimming pool accidents. If you would like to discuss if you are eligible to claim or to discuss the claims process with one of our legal experts then please get in touch with us today.

Common causes of swimming pool accident claims

Swimming pool accidents can result from a variety of factors, often linked to negligence or lack of proper maintenance and supervision. Here are some common causes:

Negligent Supervision

• Lifeguard Negligence: Lifeguards failing to properly monitor swimmers or not being present at all.

Defective Equipment

• Faulty Drains: Suction outlets or drains that can trap hair, limbs, or clothing, leading to entrapment.
• Broken Ladders or Steps: Defective pool access equipment causing slips, trips or falls.
• Malfunctioning Pumps or Filters: Equipment failures that can cause entrapment or other injuries.

Poor Maintenance

• Slippery Surfaces: Algae, water, or cleaning products making pool decks dangerously slippery.
• Unbalanced Chemicals: Incorrect chemical levels causing skin irritation, respiratory issues, or more severe injuries.
• Debris in Pool: Objects or debris such as broken tiles in the pool leading to trips, falls, or cuts.

Lack of Safety Measures

• Inadequate Barriers: Fences, gates, or pool covers that are not properly installed or maintained, allowing unauthorised or unsupervised access.
• No Depth Markings: Absence of clear depth indicators leading to diving injuries.
• Lack of Warning Signs: Missing or insufficient signage about pool rules and potential hazards.

Chemical Injuries

• Improper Handling of Chemicals: Pool chemicals not stored or handled correctly causing burns or respiratory issues.
• Chemical Imbalance: Incorrect pH or chlorine levels leading to skin irritation or more severe health problems.

Electrocution

• Faulty Wiring: Poorly maintained or installed electrical systems near the pool causing electric shocks.
• Submerged Lights: Faulty underwater lighting posing electrocution risks.

Inadequate Emergency Equipment

• No Life-Saving Equipment: Lack of floatation devices, first aid kits, or rescue equipment in case of emergencies.
• Untrained Staff: Pool staff not trained in emergency response, CPR, or first aid.

Overcrowding

• High Pool Usage: Too many people in the pool at once leading to increased risk of accidents and inadequate supervision.

Each of these factors can contribute to serious accidents in and around swimming pools. Proper maintenance, supervision, and adherence to safety protocols can help mitigate these risks and prevent accidents from occurring.

Common injuries sustained in swimming pool accidents

Swimming pool accidents can result in a variety of injuries, ranging from minor to severe. Here are some common types of injuries sustained in swimming pool accidents:

• Fatal Drowning: Leading to death due to suffocation in water.
• Near-Drowning: Resulting in hypoxia or anoxia (lack of oxygen to the brain), potentially causing long-term neurological damage.
• Concussions: Resulting from hitting the pool bottom or sides.
• Severe Head Injuries: Caused by diving into shallow water or from falls.
• Paralysis: Partial or complete paralysis from diving into shallow water or severe impacts.
• Fractured Vertebrae: Resulting in limited mobility or chronic pain.
• Broken Arms or Legs: From slips, falls, or diving accidents.
• Rib Fractures: Caused by impacts or being hit by other swimmers or pool equipment.
• Respiratory Issues: From inhaling fumes from chlorine or other pool chemicals.
• Chemical Burns: Resulting from direct contact with pool maintenance chemicals.
• Hair or Limb Entrapment: In pool drains or suction outlets, leading to severe trauma or drowning.
• Organ Damage: From severe impacts, leading to damage to internal organs such as the lungs, liver, or kidneys.

These injuries highlight the importance of pool safety, proper maintenance, and vigilant supervision to prevent accidents and ensure a safe swimming environment.

Who is to blame for your swimming pool accident?

In order to make a successful personal injury claim for a swimming pool accident, we must know who is responsible for the negligence that caused the accident.

In England and Wales, the swimming pool operator would generally be responsible for any maintenance and health and safety measures regarding the pool and have a duty of care for its users. As such, the claim for damages due to an injury that wasn’t your fault would be against the operator of the swimming pool. The operator could be a leisure centre, hotel, water park, school or the local council.

Our team of personal injury solicitors will be able to discuss your potential claim with you and advise on the best course of action against the responsible party.

Time limits to making a claim

Time limits for making a personal injury claim are overseen by The Limitation Act 1980 in England and Wales. Generally, you have three years from the accident to make a claim for compensation. However, there are some exceptions to the general rule. These exceptions include the following:

• Minors: If the injured person is under 18, the three-year limitation period begins on their 18th birthday. This means they have until they turn 21 to file a claim.
• Lack of Mental Capacity: If the injured person lacks the mental capacity to make a claim, the three-year time limit does not apply until (and if) they regain capacity. During this time, a litigation friend (such as a family member or legal representative) can make a claim on their behalf.
• Date of Knowledge: In some cases, the injury or its impact might not be immediately apparent. The three-year limitation period can start from the “date of knowledge” – when the injured person becomes aware that their injury was caused by someone else’s negligence. However, this can be a complex area, so legal advice is essential.
• Criminal Injuries: If the head injury resulted from a criminal act, the time limit for making a claim through the Criminal Injuries Compensation Authority (CICA) is typically two years from the date of the incident.

It is advisable to start the claims process as soon as possible. Collecting evidence, obtaining medical reports, and preparing the case can be time-consuming. Early action helps ensure that all necessary information and documentation are available and that you meet the legal deadlines to claim for compensation on a no win no fee basis.

How much compensation could you receive?

When making a claim for compensation, settlement amounts are split into two categories: general damages and special damages.

General damages cover compensation for you physical pain and suffering, plus the emotional distress resulting from your injuries. This type of compensation will also cover any loss of amenity, the impact the injury has had on your life.

Special damages are intended to compensate the injured party for quantifiable monetary losses resulting from the accident. This type of compensation can be easier to estimate due to factual amounts and evidence such as private medical costs, lost wages and receipts for additional expenses.

If you would like to speak to one of our specialist swimming pool accident claim solicitors to discuss the potential amount of compensation you may receive then please get in touch with us today.

Why choose Beacon Law for your swimming pool accident claim?

Our team of swimming pool accident claim solicitors are highly experienced and capable of assisting clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have been at a swimming pool due to the fault of someone else, then please contact us today at 0330 1332 857 to start your claim or complete our contact form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.