How Do I Prove Fault After a Swimming Pool Accident?

Swimming pools are perfect for summer fun, but they can also pose serious risks if safety isn’t prioritized. Unfortunately, drowning is one of the leading causes of accidental death among young children, with many incidents caused by preventable negligence.

If you or someone you love has been injured in a pool accident, holding the responsible party accountable is key to seeking the compensation you deserve. But proving fault isn’t always simple. That’s where we come in. With over 75 years of experience, Brassfield & Krueger has helped countless families navigate these difficult cases.

In this post, we’ll discuss how to determine liability and fight for what you’re entitled to. 

Understanding Premises Liability

Premises liability refers to the responsibility property owners or operators have to maintain a safe environment for visitors. This area of law is particularly relevant to swimming pool accidents, which often occur due to unsafe conditions that should have been addressed.

Under Illinois law, property owners must take reasonable measures to prevent injuries on their premises. This obligation applies to private homeowners, public pool operators, and even commercial facilities like hotels or apartment complexes with swimming pools. When property owners don’t meet this standard, and an accident happens, they can be held liable.

Common Causes of Swimming Pool Accidents

Many swimming pool accidents result from negligence that creates unsafe conditions. Understanding the common causes can help build a strong liability case. These include:

• Lack of Safety Measures

Missing fences, unlocked pool gates, or a lack of life-saving equipment like flotation devices can significantly increase the risk of accidents.  

• Poor Supervision

Drowning can happen in seconds, and children are especially vulnerable. The absence of a lifeguard or inattentive supervision often leads to tragedies.  

• Tripping Hazards

Wet, slippery surfaces, uneven pool decks, or clutter around the pool can result in dangerous slip-and-fall accidents.  

• Electrical System Issues

Faulty wiring in underwater lights or pool equipment can lead to electrocution incidents.  

• Drain Suction Problems

Broken or defective pool drains can create powerful suction, trapping individuals and causing serious injuries, particularly to children.  

• Unsafe Pool Toys

Some pool toys can pose risks if they are poorly designed, defective, or lack safety instructions, potentially leading to product liability claims.  

Each of these hazards originates from improper maintenance, oversight, or defective products, making it easier to demonstrate fault under the right circumstances.

Steps to Prove Fault in a Swimming Pool Accident

Establishing fault involves demonstrating that a property owner’s negligence directly led to the accident and resulting injuries. To do this, you’ll need to show the following elements:

• The Property Owner Owed You a Duty of Care

If you were legally permitted on the property, the owner had an obligation to ensure your safety.  

• The Owner Breached This Duty

You must show that the owner failed to address hazards they knew or should have known about. For example, leaving a pool gate unlocked despite knowledge of neighborhood children frequently playing nearby could constitute a breach.  

• The Breach Directly Caused the Accident

It’s vital to link the unsafe condition to your injuries. For example, if you slipped on a wet pool deck with no warning signage, the owner’s failure to address the hazard would likely make them liable.  

•  You Suffered Damages as a Result

These damages can include medical bills, lost income, pain and suffering, and more.

Collecting Evidence for Your Case

Strong evidence is the backbone of any successful premises liability claim. Here’s what you’ll need to prove fault after a swimming pool accident:

• Photographs and Videos

Immediately after the incident, capture images of unsafe conditions, such as a broken safety gate or puddles on the pool deck.  

• Witness Statements

Collect statements from everyone who saw the accident. Witnesses can provide invaluable support for your case.  

• Accident Reports

Request a copy of any formal incident report filed by pool staff, security personnel, or local authorities.  

• Safety Compliance Records

These may include maintenance logs, inspection reports, or proof of compliance with local pool safety standards.  

• Medical Documentation

Keep detailed records of injuries, treatments, and long-term prognosis to establish the extent of harm suffered.  

The sooner you gather this evidence, the stronger your case will be, as conditions at the accident site can change quickly.

Why You Need Legal Help

While it’s tempting to resolve these cases on your own, navigating the complexities of premises liability law without professional guidance can result in poor outcomes. Here’s why an attorney is vital:

• Experienced Guidance  

An experienced attorney can identify liable parties, gather detailed evidence, and build a compelling case.  

• Protect Against Insurance Tactics  

Insurance companies may try to prove you’re to blame or minimize payouts. An attorney can protect you.  

• Maximize Compensation  

Attorneys are skilled in negotiating and can take your case to court if necessary.  

Take the First Step Toward Justice Today

Swimming pool accidents can leave lasting physical, emotional, and financial scars for victims and their families. Identifying who’s responsible and building a strong case requires time, evidence, and legal experience.

If you or a loved one has been injured due to negligence at a swimming pool, don’t wait to seek support. Brassfield & Krueger’s experienced premises liability attorneys are here to help. We’ve spent decades advocating for victims of preventable accidents, achieving favorable outcomes for clients throughout Illinois. Contact us today to schedule a case consultation. Together, we’ll work to get the justice and compensation you deserve.