In 2007, accidental drowning events occurred at nearly 10 per day. Alarmingly, one of every five drowning victims was a child under the age of 15, and four more suffered nonfatal drowning injuries for every child that drowned. The risk of drowning should not be taken lightly at any time of the year.
If you or someone you love has been injured or died in a swimming pool accident, contact the Oklahoma City swimming pool injury lawyers at the Abel Law Firm by calling (405) 239-7046 to discuss the potential merits of legal action with a skilled and experienced premises liability attorney.
Why You Need an Attorney
The aftermath of a swimming pool accident is a devastating experience for everyone. Whether you suffered an injury or lost a child or other loved one because of a pool owner’s negligence, knowing there’s a path forward is important. However, handling this type of legal case alone could be costly.
An experienced swimming pool injury attorney with extensive knowledge and insight into Oklahoma City premises liability laws knows how to establish negligence and will work tirelessly to seek compensation for you.
A premises liability lawyer will investigate every detail of your case, obtain and preserve evidence, talk with witnesses, interview experts, and handle all negotiations with insurance companies.
Property owners rarely admit fault in swimming pool accidents, and they and their insurance companies rarely offer a settlement that is commensurate with what you are owed.
While you may believe you can handle your premises liability case alone, especially if the pool owner was a friend or relative, you, in fact, need competent legal counsel to represent your interests and to guide you through the process.
Common Swimming Pool Injuries
Though a swimming pool can provide enjoyable and relaxing entertainments during warm weather months, significant risks should be considered around a swimming pool. Accidents that occur in and around the swimming pool can lead to serious injuries and drowning. Even nonfatal drowning incidents can lead to permanent brain damage due to a lack of oxygen. The following is a list of common pool injuries or factors in pool injuries.
Who Has a Claim?
All swimming pools are subject to premises liability laws, whether public or private. A plaintiff must establish before pursuing a premises liability suit whether they were legally on the property. Oklahoma determines the duty a defendant owes a plaintiff based on the victim’s classification at the time of the injury.
This variance is unique to premises liability cases and requires an attorney who can clearly define your classification and prove that you were legally on the property when the accident occurred, and the injury or death occurred.
Entrants can be classified as one of the following:
- Invitees – An individual who enters the property with the owner’s knowledge and permission. In swimming pool injury cases, this is a patron of a public pool. This can include swimming pools that are free or cost money to enter. Pool owners are expected to repair any damage they know about or should’ve known about and maintain the pool in a way as to prevent injuries.
- Licensees – People whom the property owner has explicitly consented to enter their property. Whether friends or family, licensees of a swimming pool have been invited and are social guests of the pool owner. Property owners are required to warn licensees of any dangers they know about.
- Trespassers – Anyone who enters public or private property without authority or permission. Trespassers are unwelcome, and the only duty owed to them is for the premises owner not to cause willful injury through gross negligence.
The one exception to this is if the trespasser is a child. Pool owners are expected to prevent accidental drowning with a security fence and can be held liable if they don’t construct or maintain a fence around their pool.
No matter the classification, a swimming pool injury attorney can discuss the details of your case and determine whether you can seek a remedy through litigation. Whether your injuries occurred at a hotel pool, public pool, or someone’s home, the Oklahoma City swimming pool injury attorneys at the Abel Law Firm can help you pursue damages and move past the terrible moment.
Contact Us
Property owners are responsible for ensuring that guests – and even trespassers, in some instances – don’t suffer needless injuries or deaths. For more information on swimming pool injuries or deaths and to learn more about your legal rights, don’t hesitate to contact the Oklahoma City swimming pool injury lawyers of the Abel Law Firm today at (405) 239-7046.
