Colorado Springs Swimming Pool Accident Attorney
If you or a loved one has been injured in a swimming pool accident, or if a family member has drowned in a swimming pool, it is important that you contact an experienced Colorado Springs personal injury attorney. The Bussey Law Firm, P.C. has been representing personal injury clients for many years. Our expertise and tenacity has led to large settlements on their behalf.
Call us today at (719) 475-2555 for a free consultation.
Most swimming pool related personal injury claims fall under the legal concept of premises liability. This means that your injury was caused by some type of unsafe condition on someone's property. To win a premises liability case you need to prove that the owner was negligent in the maintenance of the property on which you were injured.
Colorado courts have found that negligence in premises liability cases requires proof that the landowner knew, or reasonably should have been aware of the condition; knew that the condition involved an unreasonable risk of injury of harm to a person; and the landowner failed to take reasonable precaution to correct the condition. See Mile High Fence Company v. Radovich, 489 P.2d 308 (1971). When dealing with a spinal cord injury, the most common swimming pool related accident, the pool owner may be liable for not informing the injured party that the water was too shallow for the use of a diving board. In such a case, the owner should have removed the diving board, rendered it unusable, or posted signs saying "No Diving, Shallow Water."
Ultimately, it is up to the pool owner to make sure that their pool is safe for others. In order to hold the owner liable there must be evidence that there was a risk for serious harm, but no steps were taken to fix the problems. You may be able to hold the pool owner liable if they:
- Failed to put up needed warning signs
- Do not have proper safety equipment
- Failed to keep the chemical levels within a safe range
- Did not repair faulty lighting
- Lack necessary lifeguards
- Did not put up appropriate fencing
- Did not fix any malfunctioning pool equipment
Most states and municipalities have strict rules regarding the fencing around a pool. For instance, Colorado requires the barrier around a pool:
- Be a minimum of four feet high.
- A chain link fence barrier can have a maximum opening of 1-3/4 x 1-1/4 inches.
- A vertical fence barrier can have a maximum opening of four inches.
- All barrier gates must swing outward from the pool and be self closing.
For more information regarding Colorado's swimming pool regulations for public and semi-public pools click here.
To find out more about your city's rules regarding pool barriers, visit your municipality's website and research the applicable building codes. In the case of an accidental drowning, a property owner can be found liable if their pool barrier isn't up to legal standards. A property owner can also be held liable if their pool barrier met legal standards, but a gate or entrance was left open, creating an unreasonable risk of injury.
There are many different ways to become injured while enjoying yourself at a swimming pool. There are other swimmers to run into, wet floors to slip on, and potentially dangerous equipment to brush up against. A few hazardous possibilities include:
- Diving collision
- Suction injury
- Recreational water illness
Summer is a fun season and we should all be able to enjoy a refreshing dip in a pool. If you or a family member has suffered a pool related injury, you need to consult a qualified personal injury law firm to see if you might have a case. Contact the Colorado Springs swimming pool accident lawyers at The Bussey Law Firm, P.C. for a free consultation. Call (719) 475-2555 today.
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