Summertime has arrived. The days are longer, the sun is hot, and people of all ages are heading outdoors for fun, and recreation. For many of us here in Virginia, Maryland, and the District of Columbia, this means the opening of our neighborhood and community pools.
Community pools are a great way to beat the heat and can be a place of enjoyment for barbeques, family gatherings, parties, and exercise. And while these pools have all the opportunities for great fun, they unfortunately are also the sites for commons accidents that can result in severe injuries and even death when safety procedures are not followed.
So now is the best time to remind ourselves to avoid these hazards. Starting with the number one hazard:
The CDC has reported drowning as the number one cause of death of children between the ages of one and four.
Common Reasons for Drownings
Not Knowing How to Swim
Learn how to swim and teach your child how to swim. Children who receive swimming instruction are less likely to drown or suffer a swimming-related injury.
Failure to Properly Supervise Swimmers
Never leave a child unattended in or near water and designate an adult Water Watcher who should not be reading, texting, or using a smartphone.
Alcohol Use
The CDC estimates about 70% of water-related deaths with adults involve alcohol. When impaired judgment and a lack of coordination from drinking is paired with the risky environment of a swimming pool, the results can be devastating.
Hazards of pool chemicals
Pool chemicals may include:
- Chlorine
- Bromine
- Salts
- Acids or bases
- Compressed gas
- Sanitizers and disinfectants
Pool chemicals can cause injuryto your skin, eyes, respiratory tract, and digestive system. People may come into contact by direct contact, inhalation, dust or food contamination.
Your Swimmer Chemical Safety Check!
Look:
Make sure you can see the bottom of the pool. Cloudiness is both gross and increases the likelihood of drowning for young swimmers!
Smell:
Make sure there are no strong chemical smells, which is not a sign of proper chlorination, but rather a sign of contamination.
Check:
Ask to see the water quality results posted at every public pool.
Other Common types of pool accidents
- Slip and fall is another common injury type associated with public swimming pools. The areas around a pool can get wet and slippery, making it more susceptible and prone to slips, trips, and falls. Be aware of the use of sunscreen and other oil-based products and spilled drinks, which can make surfaces additionally dangerous.
- According to the Health and Safety executive, falls are one of the leading causes of injuries in pool areas.
- Exposure to electrical hazards.
- Improper maintenance of pool equipment such as diving boards and pool ladders.
- Improperly maintained pool drains, plumbing, decking, fences, locks, and recreation areas.
- Use of broken emergency or safety equipment.
Serious Injuries from pool accidents include drownings, broken limbs, electrocutions, poisonings, head injuries (traumatic brain injury), cuts and infections, spinal cord injuries and chemical burns.
Understanding Local Laws and Regulations About Swimming Pools
Some Maryland Guidance:
Limited use public-use pools are regulated through the Maryland Department of Health.
Some of the key duties for an owner/operator of a public pool: (more rules found in COMAR, including Standards for Limited Public-Use Pools and these regulations )
- Construction of pool, barriers and grounds in compliance with American National Standard for Residential Inground Swimming Pools, if pool is constructed in ground permanently.
- Telephones available, with 911, nearest police, fire, and ambulance.
- Facilities are equipped with accommodations for disabled individuals.
- Adherence to local codes requiring lifeguards with certification training and at least one CPR certified individual present on-site during operation.
- Safety signs are posted for chemical and electrical warnings, shallow water, and “Danger No Lifeguard on Duty,” and other local rules.
- First aid kit with CPR mask, medical grade exam gloves, backboard, rescue pole and tube.
- Operator completion of 14-hour approved operator’s course.
- Installation of proper filtration and circulation systems and waste-water facilities.
- Waster chemistry is kept to pH between 7.2 and 7.8 with standards for alkalinity, calcium hardness, saturation, dissolved solids and metals.
- Management adheres to strict occupancy regulations based on size of pool and deck
Some Virginia Guidance:
The Virginia Department of Health regulates and sets rules for the use of residential and public pools in the Commonwealth.
Some of the Basics
- Water used for swimming pools must be from sources approved by the State Health commissioner.
- Nonslip finishes shall be maintained on all pool steps, ladders, or other means of ingress or egress.
- Pool decks must be nonslip with a smooth finish.
- Certified lifeguards with appropriate life-saving safety equipment must be present when the pool is in use. Water filtration systems must operate 24 hours a day during season.
- Chemicals shall be automatically fed into the water in the recirculation system by mechanically operated, positive chemical feeders or open-type chemical machines.
- When pools are to be used after dark, all parts of the pool, the water therein, and the entire area shall be well lit. The maintenance and operation of the fixtures shall be such that lifeguards can clearly see every part of the swimming pool.
- Alkalinity and hydrogen-ion concentration must be maintained 7.2 and above.
- Check with your local county for other rules and regulations.
Access the Virginia Administrative Code for rules governing tourist establishment swimming pools and other public pools, as well as information about pool chemical safety.
Understanding Responsibility in Community Swimming Pool Accidents
In Virginia, Maryland, and the District of Columbia, property owners and operators of swimming pools have a legal obligation and duty of care to ensure the safety of the premises. A failure in this duty may lead to an accident. But, in order to prove that a pool owner or operator was negligent in the operation of their pool, which resulted in your injury, the plaintiff must prove the following:
- The pool owner or operator had a duty to provide the care;
- The owner/operator breached this duty:
- An injury was suffered as a result of this breach; and
- The injury was a proximate cause of the breach.
As a member (legal user) of a community or neighborhood pool, the pool owner/operator has invited you to use the pool premises and facilities. The pool owner/operator is providing a warranty that the pool property and facilities are in good working order and safe for your use.
Depending on the specifics of individual circumstances, various parties may be held at fault for an accident. For example:
- If you were following all the posted rules of the pool and the injury was due to the owner/operator’s lack of care, then the operator/owner may be held liable for your injury. If the ladder out of the deep end of the pool was broken and unsafe to use and the operator failed to warn you, and you suffered an injury, then the operator/owner could be held responsible.
- However, if you were under the influence of alcohol and decided to dive into the shallow end of the pool resulting in injury, the operator/owner may not be held responsible.
Contributory Negligence
Maryland, Virginia, and the District of Columbia are three jurisdictions within the United States in which the law recognizes contributory negligence. Therefore, a plaintiff must be completely free of responsibility to collect on a claim for negligence.
There are some accidents that are not under the pool operator’s control. Some of these examples where a swimmer can be contributorily negligent may include: subpar swimming skills while using the deep end of the pool, lack of supervision, alcohol use, seizure disorders, and failure to follow rules.
Damages from Pool Accidents
In general, damages from swimming, drowning or pool accidents mirror those of other personal injury lawsuits. Wrongful death is commonly a major issue, with the resulting damages award going to the plaintiff’s estate and survivors.Such an award is intended to compensate for various costs associated with their loss.
Damages awards are intended to reimburse the plaintiff for the economic and non-economic costs associated with their injury:
- Medical Expenses – Compensation for costs of emergency care, surgeries, hospitalization, medications, and rehabilitation.
- Lost Wages – Compensation for income lost during recovery or due to disability that prevents you from working.
- Pain and Suffering – Payment for physical pain, emotional distress, and changes to your overall quality of life following the accident.
- Funeral Costs – wrongful death.
Legal Considerations and the Role of the Personal Injury Attorney
Understanding the complexities of liability can be difficult and working with an experienced personal injury attorney can make a difference in the success of your claim. In order to have a full and complete picture of your accident claim, your attorney will need to be able to assist in the following areas
- Evaluating the condition of the pool and surrounding areas, including the pool itself, deck, signs, lighting, and fixtures. Pictures and video are powerful evidence.
- Assessing the compliance of the owner, operator, and staff with the state and local regulations for maintenance, safety, and security.
- Investigating the role of supervision of the swimmers and patrons, including the presence of lifeguards.
- Analyzing the conduct of all parties including yourself in the occurrence.
- Gathering necessary witness statements and medical bills and records.
