Personal Injury Home Premises Liability Swimming Pool Accidents

Colorado Springs Swimming Pool Accident Lawyer

What should I do after a swimming pool accident?

Get medical assessment even after a near-drowning that seemed to resolve — water in the lungs and hypoxic injury can present hours later, and "they seemed fine at the pool" is not reassurance.

Then photograph what a claim will turn on: the fencing and self-latching gate, the depth markings, whether a lifeguard was on duty or signage said none was, the drain covers, and any missing rescue equipment.

Who is liable when a child is hurt in a pool?

The pool's owner or operator, under C.R.S. 13-21-115.

For a child under fourteen, that statute keeps the attractive-nuisance doctrine; a person aged fourteen to seventeen is presumed competent (C.R.S. 13-21-115(3)). Unsecured fencing and a gate that did not latch are the recurring failures. A homeowner's or an association's liability policy is usually what responds.

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Are You in Need of a Colorado Springs Swimming Pool Accident Lawyer?

When property owners fail to maintain safe conditions, a pool becomes a dangerous place. If you or a loved one suffered serious injuries in a pool-related incident, you may be entitled to compensation.

The Bussey Law Firm, P.C. is here to help victims of swimming pool accidents in Colorado Springs. Whether the injury occurred on private property, at a hotel, or in a public facility, we can investigate the incident, identify who was at fault, and fight for the justice you deserve.

You may need a pool accident lawyer if:

• You or a family member was seriously injured at a public, private, or hotel pool
• A child was injured or drowned due to lack of supervision or faulty safety features
• The pool lacked proper fencing, signage, or safety equipment
• A pool owner or operator failed to maintain a safe environment

Why Choose Us Over Other Swimming Pool Accident Attorneys in Colorado Springs

When your family’s future is at stake, experience matters. Here’s why Timothy R. Bussey at The Bussey Law Firm, P.C. is a trusted name in Colorado Springs personal injury law:

• 30+ years of legal experience — delivering proven results in complex and high-stakes cases.
• Recognized by Colorado Super Lawyers for over 14 consecutive years — based on peer reviews and independent research.
• Recipient of the Martindale-Hubbell Gold Client Champion Award — reflecting consistent excellence in client service and satisfaction.
• Named a Top Attorney by Colorado Springs Magazine — trusted by both peers and the local community.
• Fellow of the Litigation Counsel of America (LCA) — an invitation-only distinction for elite trial lawyers.
• Millions recovered for injury victims — through strategic advocacy and aggressive representation.
• No legal fees unless we win your case — so you can pursue justice with zero upfront cost.

Hotels, HOAs, and Homeowners Must Follow Pool Safety Laws

If they failed, they should be held them accountable. Call (719) 475-2555 to learn more today.

Why You Should See a Lawyer Right Away

After a swimming pool accident, time is critical. The sooner you speak with a Colorado Springs personal injury attorney, the better your chances of building a strong case. Acting quickly allows us to:

• Collect and preserve key evidence, like photos, security footage, and maintenance records
• Interview witnesses before memories fade
• Obtain reports from emergency responders or local health departments
• Prevent insurance companies from pressuring you into an unfair settlement

Delaying legal action could limit your ability to recover full compensation or comply with important filing deadlines.

Do You Have a Legitimate Case?

You may have a valid claim if:

• The pool owner, operator, or maintenance crew acted negligently
• A pool was left unsecured, leading to unauthorized access by a child
• A safety feature (such as a gate, fence, drain cover, or ladder) was missing
• A lifeguard failed to properly monitor swimmers
• Poor lighting, slippery surfaces, or faulty wiring contributed to the injury

What’s the Legal Process for a Swimming Pool Accident Claim?

Throughout the legal process, we handle all legal paperwork, deadlines, and communications on your behalf. Here’s what you can typically expect when you work with The Bussey Law Firm, P.C.:

1. Free Consultation – We evaluate the facts and determine if you have a case.
2. Investigation – We collect evidence, interview witnesses, and consult safety experts.
3. Identify Liable Parties – This may include private homeowners, hotel operators, or property managers.
4. File Insurance Claims – We submit a demand for compensation to all responsible parties.
5. Negotiate a Settlement – If possible, we reach a fair agreement without going to court.
6. File a Lawsuit – If settlement talks fail, we file suit and prepare for trial.

Who Is Liable for Swimming Pool Injuries?

Liability depends on who owns, operates, or maintains the property where the pool injury occurred. Identifying the responsible party is critical in building a strong claim, especially when multiple individuals or entities may share legal responsibility for maintaining a safe environment.

Liable parties may include:

• Private Homeowners – If a guest is injured at a residential pool due to unsafe conditions, such as lack of fencing or slippery surfaces, the homeowner may be liable under premises liability law.
• Landlords and Property Managers – These parties are responsible for ensuring that common areas, including pools, meet safety standards and are properly maintained.
• Homeowner Associations (HOAs) – In communities with shared pool access, the HOA may be accountable for enforcing safety rules and maintaining the pool area.
• Hotels, Resorts, and Apartment Complexes – Businesses owe a higher duty of care to guests and tenants and must ensure lifeguards, signage, and maintenance are adequate.
• Public Pool Operators or Municipalities – Claims involving government-owned pools may require special notice under sovereign immunity laws.
• Pool Maintenance Companies – These third-party vendors can be held liable if their negligence leads to unsafe conditions or water contamination.

Types of Negligence in a Swimming Pool Accident

Swimming pool accidents are often the result of negligence, which occurs when a person or entity fails to exercise reasonable care, resulting in harm to others. In pool-related injury cases, several forms of negligence may be to blame:

• Lack of Supervision: Whether at a public pool or a private gathering, failure to properly monitor swimmers — especially children — can lead to tragic outcomes. Lifeguards must be trained and attentive, and property owners must ensure supervision is adequate for the situation.
• Unsecured Pools: Pools without fencing, gates, or childproof locks pose a serious danger. Property owners can be held liable if a child gains access and is injured due to a lack of proper barriers.
• Slippery or Uneven Surfaces: Wet tile, cracked concrete, or poorly designed pool decks often cause slip-and-fall accidents. Property owners must address these risks promptly.
• Electrical Hazards: Pools with exposed wires, faulty lighting, or improperly grounded equipment can result in electrocution — a preventable but often deadly hazard.
• Improper Maintenance: Dirty water, algae buildup, and imbalanced chemicals can cause infections, skin irritations, or respiratory problems.
• Failure to Repair Known Hazards: Broken ladders, missing drain covers, or loose tiles are common dangers that, if ignored, can create liability for the property owner.

You Don’t Pay Unless We Win

Let our firm fight for compensation after a serious pool injury. Reach out by calling (719) 475-2555.

Colorado Law for Pool Fences and Gates

Under Colorado law, pools must meet specific safety standards, especially those located on residential property. Failure to comply with these regulations may constitute negligence and support a liability claim.

• Fencing: Pools must be enclosed by a fence at least 4 feet high, with no gaps that would allow a child to squeeze through.
• Gates: Gates must be self-closing and self-latching, and the latch should be out of a child’s reach.
• Drain covers: Pools must be fitted with anti-entrapment drain covers to prevent suction injuries.

What Is the Statute of Limitations in Colorado?

In Colorado, the statute of limitations for most personal injury claims, including swimming pool accidents, is two years from the date of the injury.

However, certain exceptions may apply:

• If a public entity or one of its employees caused the injury, you must file a written notice of claim within 182 days after discovering the injury (C.R.S. 24-10-109(1)).
• For minors, the two-year clock may be extended until after their 18th birthday.

It’s always best to contact a Colorado Springs premises liability lawyer as soon as possible to avoid missing crucial deadlines.

Swimming Pool Injuries

Swimming pool accidents can cause a wide range of injuries, some of which can be fatal or permanently disabling. Common injuries include:

• Drowning – The most tragic outcome, especially involving children.
• Near-drowning – May cause brain damage from oxygen deprivation.
• Slip-and-fall – Wet pool decks or broken tiles often cause serious falls.
• Electrocution – Faulty wiring, lighting, or pumps can shock swimmers.
• Diving collisions – Head and spinal cord injuries can result from shallow-water dives.
• Suction injury – Entrapment by pool drains can cause serious trauma or drowning.
• Recreational water illness (RWI) – Infections caused by bacteria or viruses in unsanitized water.

Any of these injuries can lead to costly hospital stays, long-term rehabilitation, or permanent disability. We seek full compensation for both immediate and future damages.

What Clients Are Saying About Us

He really listens to his clients- Melody VanDyne (5-Star Google Review)

Tim is an extremely intelligent, savvy attorney both in the courtroom and out of it. He really listens to his clients and works day in and day out to litigate cases successfully.

I can't recommend The Bussey Law firm enough! -Dan L (5-Star Google Review)

Tim was professional and responsive from start to finish with my case. I got the best possible outcome. I can't recommend The Bussey Law firm enough!

Speak With a Trusted Colorado Springs Swimming Pool Accident Lawyer

If a swimming pool accident has disrupted your life or claimed the life of someone you love, don’t face the legal system alone. The Bussey Law Firm, P.C. is ready to step in, protect your rights, and fight for the compensation you’re owed.

With over 30 years of experience and a track record of success in complex personal injury cases, we offer the legal insight, personal attention, and courtroom strength you need.

Call (719) 475-2555 today to schedule your free consultation.

We don’t get paid unless we win your case.

Pool Accident FAQs

Do I have a case if my child drowned or was injured in someone else’s pool?

If the pool lacked proper fencing, was unsupervised, or had unsafe conditions, the property owner may be held liable. Colorado law requires specific safety measures around pools—violations may constitute negligence.

Can I sue a hotel or resort for a swimming pool injury?

Hotels, resorts, and other commercial properties are responsible for maintaining safe pool areas. If your injury resulted from poor maintenance, lack of supervision, or unsafe conditions, you may have a valid claim.

What if the pool was on public property?

Claims against a city, school, or municipality are possible but involve strict deadlines. In Colorado, a claim against a public entity requires a written notice within 182 days after discovering the injury (C.R.S. 24-10-109(1)). These cases are complex, so it’s critical to contact a lawyer immediately.

What injuries are common in swimming pool accidents?

Serious injuries include drowning, brain damage from near-drowning, spinal cord trauma from diving accidents, electrocution, suction injuries, broken bones, and infections from poorly maintained water (recreational water illness).

How do I prove a swimming pool accident was caused by negligence?

Our legal team investigates the scene, gathers safety records, interviews witnesses, and works with experts to show how the pool owner or operator failed to meet legal safety standards, such as missing gates, broken equipment, or lack of supervision.

What if I slipped and fell near a pool but didn’t go into the water?

You may still have a case. Property owners are responsible for maintaining non-slip surfaces and repairing hazards. Wet or uneven pool decks are a common cause of serious slip-and-fall injuries.

Does Colorado require fences or gates around pools?

Yes. Colorado law mandates fencing at least four feet high with self-closing, self-latching gates. Failure to follow these laws may expose the property owner to liability, especially if a child was injured or drowned.

What kind of compensation can I recover for a pool-related injury?

You may be entitled to compensation for medical expenses, lost income, pain and suffering, future care, and wrongful death damages in fatal cases. We pursue every available source of financial recovery.

How long do I have to file a swimming pool accident claim in Colorado?

You generally have two years from the date of the injury. If a public entity or one of its employees caused the injury, you must file a written notice within 182 days after discovering the injury (C.R.S. 24-10-109(1)). Don’t delay—early legal action strengthens your case.

Meet Our Colorado Springs Swimming Pool Injury Attorney

Timothy R. Bussey

Timothy R. Bussey is the founder and principal attorney at The Bussey Law Firm, P.C., serving Colorado Springs and the surrounding communities with over 30 years of legal experience. A former Deputy District Attorney who also served as a United States Air Force Judge Advocate, Mr. Bussey has built a distinguished career in both criminal defense and personal injury law, earning a reputation as a strategic, respected, and results-driven advocate.

Mr. Bussey has successfully represented clients in Colorado’s county, district, appellate, and supreme courts. His practice is grounded in deep courtroom experience and an unwavering commitment to protecting the rights of the accused and injured.

Additional Information

• Avoiding Swimming Pool Accidents

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim

Injury on someone else's property	Colorado Premises Liability Act — C.R.S. 13-21-115
A claim arising from the use or operation of a motor vehicle	3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims	2 years — C.R.S. 13-80-102
If you were partly at fault	Damages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filed	El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

• Colorado Revised Statutes, Title 13 (Colorado General Assembly)
• El Paso County Combined Courts — Colorado Judicial Branch
• The Bussey Law Firm, P.C. — Google Business Profile

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.

Our Colorado Springs Office

The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.

Rated 5.0 from 208 Google reviews — see the firm on Google Business Profile.