Swimming pool accident or drowning: what families can do next

What should families know after a pool accident?

CPSC estimates about 5,900 children under 15 go to an emergency room each year after a pool or spa drowning injury, and reports about 376 drowning deaths a year in that age group. Children under 5 are most of the injuries. For children ages 1 to 4, drowning is the leading cause of death. Across all ages, CDC counts about 4,083 deaths a year.

A person who survives may still have serious harm. CDC says nonfatal drowning can lead to brain damage or permanent disability. Please keep every follow-up visit, even if your child seems fine at first. If you lost someone, you do not need to decide anything today. Some of what follows can wait a few weeks. The evidence part cannot.

What should I do first after a drowning or pool injury?

1. Get medical care. Water in the lungs can cause problems hours later.
2. Call 911 and make sure a police or fire report is written.
3. Ask someone you trust to photograph the gate, the latch, the fence, any gaps, the drain, the depth markers and the rescue equipment.
4. Write down who was watching, who the owner or manager is, and any lifeguard's name.
5. Ask the property in writing to save its video and its pool records.
6. Keep the swimsuit and any items from that day.
7. Do not sign forms or give a statement to the property's insurer yet.

Who is responsible for a swimming pool accident?

Fault depends on the facts. A broken gate latch, a missing barrier, no staff at a pool that required them, a loose drain cover or chemicals handled wrong can all matter. A pool owner is not automatically responsible because something happened in the water.

What about pool drains and the Virginia Graeme Baker Act?

A strong drain can hold a person underwater or injure them. The federal Virginia Graeme Baker Pool and Spa Safety Act requires drain covers sold in the United States to meet an entrapment standard.

Public pools with a single main drain that can be blocked also need added protection. If a drain was involved, do not let anyone remove or replace the cover. Photograph it. A cover that is missing, broken or the wrong size can be central to the case.

What pool evidence disappears first?

Can I sue if a child got into a neighbor's pool?

Sometimes. A child who wanders onto someone's property is not treated like an adult trespasser in every case. Texas law says an owner may be liable for injury to a child caused by a highly dangerous artificial condition on the land, if certain conditions are met.

Arizona's recreational use law says it does not limit liability for maintaining an attractive nuisance, with limited exceptions. Whether a pool meets these tests depends on the barrier, the child's age and what the owner knew. Courts look closely at this.

What are the pool fence laws in Arizona and Texas?

Arizona cities can adopt their own equal or stricter ordinance, so check your city code too. In Texas, this statewide chapter does not reach a single-family home, so check your city's code as well.

Do not rely on a child's longer time limit without asking a lawyer, because evidence fades and a parent's own claim may have a shorter clock. If someone died, Arizona says the claim may be brought by a surviving spouse, child, parent or guardian, or a personal representative.

How much is a drowning or pool injury case worth?

No official average exists, and no one can fairly name a number without knowing the injury. A claim can include hospital care, rehab, future medical needs, the loss of earning ability, and pain and suffering. For a family who lost someone, it can include the grief and loss the law allows.

The amount depends on the injury, who was responsible, and the insurance available. Many cases take a year or more, and cases involving a child with a brain injury can take longer because doctors need time to understand what the future holds.

When should we talk to a swimming pool accident lawyer?

As soon as you feel able, and sooner if a public pool or a drain was involved. A lawyer can ask for video and records while you take care of your family. Ask whether they have handled drowning or premises cases, how they will preserve the evidence, and whether the review is free.

What mistakes hurt a pool accident claim?

• Assuming video will still be there next month.
• Letting the property replace the gate or drain cover before photos.
• Thinking a homeowners policy will not apply to a guest.
• Missing a 180-day or six-month public claim deadline.
• Skipping follow-up care after a near drowning.
• Talking to the insurer before you have had time to grieve or get advice.

Questions