Maryland Pool Injury + Drowning Attorney

Swimming is an excellent way to relax during the summer heat. Nonetheless, physically fit adults and children face the risk of drowning. In the U.S, an average of 3,500 to 4,000 people drown each year.

Drowning in swimming pools is fast and often silent, and it can happen in as little as 20 to 60 seconds. 23 percent of child drownings happen near a swimming pool, and near-drowning also causes non-fatal injuries that lead to pulmonary and cardiovascular conditions.

Negligence in swimming pools regularly contributes to costly non-fatal and fatal injuries. You may be entitled to compensation if you or a loved one has suffered an injury or died in a swimming pool drowning incident.

Consult a trusted pool injury and drowning attorney in Maryland from Bob Katz Law for legal advice and representation to protect your rights as an injured victim.

Swimming Pool Injury + Drowning Statistics

An average of 10 fatal drownings occur each day in the United States. Drowning is a top cause of unintentional injury leading to death for children aged 1-4 years. Drowning is also the leading cause of boating-related fatalities.

Children aged less than one year are more likely to drown at home. Adults aged 65 years and above had the second highest rate of drowning. 

Drowning Also Differs by Race and Ethnicity

American Indian or Alaska Native people had the highest rate of drowning than any other race or ethnic group. Black people had the second-highest drowning rate, with a 28% increase in 2021 compared to 2019. Regardless of race or ethnicity, however, anyone can be at risk of drowning or suffering swimming pool injuries. 

What Causes Swimming Pool Accidents?

Some of the most common causes of swimming pool accidents include the following.

Slip and Fall Accidents

Slippery surfaces near swimming pool entry or exit contribute to slip-and-fall injuries. If the pavements near swimming pools lack slip-resistant materials, the risk of falling increases significantly.

Poor maintenance of the swimming pool infrastructure increases the risk of slip-and-fall accidents. Uneven surfaces, cracked concrete, or chipped tiles can be tripping hazards for young children and senior swimmers, in particular.

Lack of Barriers

Swimming pools must have a proper barrier and locking gate to keep unsuspecting children from wandering onto the property and falling into the pool. Failing to install or maintain barriers and locks can lead to injuries and liability. 

Lack of Supervision

Accidents due to a lack of supervision are common in swimming pools. When a pool does not have proper lifeguards or warnings of no lifeguards on duty, drowning accidents are more common. 

Defective Equipment

A piece of defective equipment like a life jacket can turn a fun day at the swimming pool into a dangerous encounter. A life jacket that suddenly fails may not provide the required buoyancy to inexperienced swimmers.

Poor Lighting

Adequate lighting in and around swimming areas can drastically reduce the risk of swimming pool accidents. Inadequate pool lighting can cause dive injuries, hinder rescue efforts, or make it difficult for a lifeguard to spot a drowning victim until it is too late.

Inadequate Warnings

Pools must have proper depth markers, warnings of “No Dive” zones, and other clear markings or signs, so visitors are aware of potential dangers.

Violating Safety Guidelines

There are many rules and regulations for swimming pools in Maryland, and owners must adhere to these guidelines to keep swimmers safe. For example, one important federal safety law is the Virginia Graeme Baker pool and Spa Safety Act. This law sets out requirements for drain and vacuum safety, barriers, and more. 

Inadequate Maintenance

Poorly maintained pool areas might have tools or debris on the pool deck, increasing the risk of slipping or tripping. Also, sharp edges or pool bottoms might prevent swimmers from holding onto the side or putting their feet down when necessary to stay safe. Improperly maintained diving boards, slides, and other add-ons can cause serious injury if they malfunction. 

Who Is Liable for a Swimming Pool Accident in Baltimore?

Although different parties could be liable for a swimming pool accident, property owners are particularly susceptible when the question of liability arises. Under premises liability law, property owners owe a duty of safety to guests and invitees. They must also ensure the pool meets all safety regulations. 

Sometimes, a company is liable for an employee’s mistake. Suppose a lifeguard who was on duty failed to supervise, leading to a kid’s drowning. In that case, the lifeguard’s employer may be liable for the mistakes of the employee. 

Other potentially liable parties include:

• Pool maintenance companies
• Manufacturers of pool equipment
• Contracted service providers
• Contracted lifeguards
• Municipal governments
• Schools or camps

Can You File a Wrongful Death Lawsuit for Accidental Drowning?

When someone dies in a drowning incident due to someone else’s negligence or recklessness, the victim’s family members may file a wrongful death lawsuit against the property owner or any other liable party.

Parties who can bring a wrongful death lawsuit include:

• The descendant’s surviving spouse and children
• In no surviving spouse, surviving parents, and sometimes brothers and sisters
• Domestic partner or descendant’s financial dependants
• More distant relatives, like grandchildren
• Decedent’s estate

Types of Swimming Pool Injury Claims We Handle

Swimming pools cause injuries for various reasons, including inadequate supervision. Victims of swimming pool injuries endure hefty medical bills, inability to work, and broken relationships with their family members or partners.

They, therefore, deserve representation in the pursuit of compensation from the negligible parties. 

Here are some swimming pool injury claims we handle:

• Drowning and submersion injuries like respiratory and cardiac arrest due to hypoxemia, neurological damage, and cardiovascular injuries
• Diving injuries such as traumatic brain injuries and spinal injury
• Slip and fall injuries, including fractures and soft tissue injuries
• Pool drain injuries
• Fatal drowning

Federal and Maryland Swimming Pool Laws

Maryland requires all public pools to have an operator responsible for the safety, health, and maintenance of pool operations.

Here are the requirements for a certified pool operator:

• Should be 16 years or older
• Should complete a 14-hour approved public pool/spa operator with a minimum score of 70% or higher
• Complete and pass a challenge test offered by the examiner
• Submit proof of previous certification and complete a 4-hour refresher course

Safety regulations for commercial swimming pools prescribe the required safety equipment, safety signs, pool rules, signs, and traditional construction guidelines.

More importantly, all swimming pools with more than 24 inches of water should be permitted, installed, and protected according to the commercial and residential pool provisions prescribed by law.

Seeking Compensation for a Swimming Pool Accident

You may be entitled to compensation if you or a loved one has sustained an injury due to negligence or recklessness of someone else. The role of compensation is to reinstate the injured victim to their previous state before the physical harm caused by the defendant’s negligence.

You must demonstrate the following elements of negligence to obtain compensation from the at-fault party:

• The defendant owed you a duty of care
• The defendant breached the duty of care
• The defendant’s breach of care was the direct cause of the accident and injury
• The defendant could have foreseen that harm was likely to occur
• The victim suffered loss as a result of the injury

Take the following steps to preserve your right to compensation after a swimming pool accident:

• Seek medical attention
• Take photographs or images of the accident scene and your injury
• Note down contact details of eye witness at the scene of the accident
• File an incident report to the property owner
• Get in touch with an experienced pool injury and drowning attorney

You can seek the following damages in a swimming pool accident:

• Medical expenses
• Lost income
• Pain and suffering
• Out-of-pocket expenses
• Loss of companionship
• Emotional anguish
• Loss of enjoyment of life
• Permanent disfigurement
• Funeral expenses

In other instances, a jury or judge can award you punitive damages to supplement the above compensatory damages. The role of punitive damages is to punish severe or egregious misconduct on the defendant’s part. Punitive damages also deter the defendant and other parties from engaging in the same conduct that led to the accident.

Why Hire Bob Katz Law For Your Pool Injury + Drowning Claim

• We have successfully represented injured clients for more than 40 years
• We’ve collected over $500 million, delivering justice to our clients
• We have over 30 dedicated staff members working nonstop for you
• We have an A+ rating with the Better Business Bureau and have more than 240 five-star reviews amassed from prior satisfied clients.
• Our staff is available to you 24/7 to help
• We serve clients from Baltimore to Northern Virginia
• Multilingual support: Spanish, Korean, or Chinese

Contact A Baltimore Pool Injury + Drowning Lawyer

Victims of pool accidents can face many difficulties in their lives, including impairments, the need for costly treatment, and pain and suffering. Some suffer the most tragic loss if a loved ones fatally drowns. 

You want representation from an experienced attorney from Bob Katz Law, who will aggressively protect your right to compensation. Contact us online or at 410-576-4287 for a free consultation.

Other Baltimore Personal Injury Cases We Handle:

• • Wrongful Death Lawyer Baltimore
  • Baltimore Workers Compensation Lawyer
  • Baltimore Slip and Fall Lawyer
  • Baltimore Dog Bite Lawyer
  • Baltimore Brain Injury Lawyer
  • Catastrophic Injury Lawyer Baltimore County
  • Car Accident Lawyer Baltimore
  • Baltimore Motorcycle Accident Lawyer
  • Baltimore Pedestrian Accident Lawyer
  • Rideshare Accident Lawyer Baltimore Md
  • Baltimore Truck Accident Lawyer
  • Baltimore Bus Accident Lawyer
  • Baltimore Work Injury Lawyer
  • Baltimore Construction Accident Lawyer
  • Baltimore Burn Injury Lawyer
  • Maryland Premises Liability Attorney
  • Maryland Pool Injury + Drowning Attorney