Have you or someone you love been injured in or around a swimming pool or a hot tub in Rhode Island? During the long and hot summer days, many of us enjoy private and public swimming pools without thinking much about the real and obvious dangers in swimming areas. Unfortunately, injuries from swimming pool accidents increase dramatically when summer begins and the daily temperatures rise. In some cases, the injured or the insured’s loved ones may be able to file a lawsuit and recover compensation after a swimming pool accident on someone else’s property, such as a public or neighbor’s pool, where a negligent act or breach of duty may have happened.
Injured in a Pool Accident?
REQUEST YOUR FREE CASE EVALUATION WITH OUR RHODE ISLAND SWIMMING POOL ACCIDENT LAWYERS
Regardless of who may be at fault, the injury lawyers at Marin and Barrett, Inc. will evaluate the details of your case and determine if and how we can fight for your recovery. With the help of a skilled Rhode Island swimming pool accident attorney, you will substantially increase chances of recovering just compensation for your injuries and damages. We are committed to helping you achieve justice and fair compensation you deserve from the pool or premise owner or operators responsible.
If you are ready to move forward with your swimming pool injury case call us at 401-298-9116. We offer a completely free consultation to discuss the specifics of your case.
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Do I Need to Hire a Swimming Pool Accident Lawyer?
Drowning accidents can occur in private pools, hotels, parks, water parks, and other locations when adequate supervision is not provided, or when poorly constructed drains, gates, or other negligently constructed hazards put a swimmer or child at serious risk when they enter an area that should have been restricted or better guarded. Even when the drowning victim survives, often times their lives are never the same, because underwater accidents can cause brain damage or traumatic brain injuries because of the lack of oxygen that the victim experienced during the accident. Very often these swimming pool accidents are the result of some other party’s negligence.
WHAT STEPS SHOULD A SWIMMING POOL ACCIDENT LAWYER TAKE?
Personal injury cases, especially swimming pool accident cases, can be complicated and should be handled by an experienced and skilled team of attorneys. Obtaining legal representation can give you the time you need to heal physically and emotionally while still ensuring that you will be able to receive just legal compensation for your losses.
- Your attorney should see you in person, whether at the office, your home, or the hospital.
- Gather evidence about the swimming accident, how it happened, and who may be responsible.
- Determine the owner/operator or party who may be liable.
- Figure out what your case is worth.
- Negotiate with the other parties or their attorneys.
- File a lawsuit if required.
- Build a case for settlement or trial, depending on the case.
WHO IS RESPONSIBLE FOR SWIMMING POOL ACCIDENT INJURIES?
When seeking to hold a party accountable for your injuries, you must prove that someone was negligent and their actions fell below the minimum duty of care. This means that you must be able to show that the other party failed to do something that they were reasonably expected to do to prevent your injuries. The pool or premise owner at a minimum should have adequate gates or fencing with signage to warn persons, including children, of the potential hazards of the swimming pool.
Some factors that might impact liability include:
- Was the injury the result of a broken or defective pool gates?
- Were there improper drain guards?
- Was the pool operator negligence?
- Was the injury the result of a defective swimming pool drain?
- Was the lifeguard on duty negligent?
- Was the injury the result of entrapment (in drains)?
WHAT ARE THE MOST COMMON SWIMMING POOL ACCIDENT INJURIES?
When you consider the types of injuries that can happen while in the water, the first type of injury that comes to mind is drowning. While drowning is the most obvious injury associated with swimming pools, it is also possible to become injured on the edge of the pool, the hard surface area surrounding, and diving boards. The injuries sustained as a result from accidents on or near these areas can range from head and neck injuries to foot, arm and leg injuries. These may be permanent or require years of rehabilitation and medical care potentially costing hundreds of thousands of dollars. These injures may include:
NECK – BACK – SPINAL CORD INJURIES
These injuries can stem from a fall on the edge of a swimming pool or the bottom of a pool after jumping or diving in the pool. This can often lead to drowning due to paralysis from a spinal cord injury.
These injuries can result from slipping and falling on the areas surrounding the pool or as a result of diving in a shallow pool.
This can result from near-drowning accidents in which a person survives being underwater for several minutes, but suffer irreparable harm due to the lack of oxygen to the brain.
TRAUMATIC BRAIN INJURY (TBI)
TBI can result from falls outside of the pool or diving into the pool and striking the head with blunt force.
These illnesses can result from contaminated water that can lead to E. coli infections, Legionnaires’ disease, parasites, and other bacterial and viral infections.
Unfortunately, death can result from drowning in the pool, or blunt force trauma from falling in or around the pool area.
Contact the Rhode Island personal injury attorneys at Marin and Barrett, Inc. if you or a loved one has suffered injuries in a pool accident in Rhode Island. We can help you recover the maximum compensation for your personal injury or wrongful death claims. Our experienced attorneys are available at 401-298-9116 to start your accident case evaluation today.
How Long Do I Have to File a Swimming Pool Accident Lawsuit in Rhode Island?
If you have been injured in a swimming pool, you have the right to file a personal injury lawsuit for damages. However, Rhode Island limits the amount of time you have to take legal action. Rhode Island General Law Section 9-1-36 provides that you must file your personal injury injury claim within three years of the swimming pool accident. If you don’t file before the statute of limitations expires you will be permanently prohibited from pursuing legal action for your injuries.
The best way to ensure that your swimming pool accident case is filed on time is to seek legal representation from a skilled local Rhode Island personal injury attorney. At Marin and Barrett, Inc., we are committed to helping you recover the money you deserve. Call Attorney Matthew Marin today at 401-298-9116 to schedule your no obligation case evaluation.
HOW MUCH IS MY SWIMMING POOL ACCIDENT CASE WORTH? WHAT DAMAGES AM I ENTITLED TO?
Swimming pool accidents can result in injuries that range from lacerations and bruises to catastrophic injuries with disabling damages that can last a lifetime. Recovery from those injuries can seem overwhelming and difficult. Treatment may require extensive medical care and lengthy rehabilitation. This can often result in medical bills totaling tens to hundreds of thousands of dollars. Furthermore, your injuries, treatment, and rehabilitation may limit your ability to continue working. Fortunately, Rhode Island law provides a way for you to hold the negligent person or operator financially responsible for your injuries and damages and for you to obtain financial compensation.
Damages for injuries to pool accident victims in Rhode Island can include payment for:
ECONOMIC DAMAGE – such as tangible out of pocket costs which are often established with bills and invoices
- Medical expenses, including past, present, and future bills
- Physical therapy and rehabilitation costs
- Transportation costs
- Costs of medical devices and modifications and accommodations to your home or vehicle
- Costs of assistive devices
- Expenses for in-home healthcare and household services
- Lost wages, both from missed work and missed future earning potential
- Household bills
NON-ECONOMIC DAMAGES – which include general intangible damages. These damages affect quality of life, but are oftentimes more significant, such as:
- Pain and suffering
- Anxiety and post-traumatic stress (emotional distress)
- Loss of companionship or loss of consortium
- Lifestyle impairment
PUNITIVE DAMAGES – In some instances the responsible party’s conduct is so egregious that punitive damages are appropriate as a means of punishment and a deterrent to future bad conduct.
In the event that a loved one has died in a swimming pool accident you may be able to pursue a wrongful death lawsuit for those left behind. Of course no amount of money can bring your loved on back or provide adequate compensation, but you nevertheless may be able to recover for funeral and burial costs, loss of income, and loss of companionship.
At Marin and Barrett, Inc., our Rhode Island swimming pool accident lawyers will fight for every dollar you deserve and strive to obtain maximum compensation on your personal injury claim. On these types of cases it is often helpful to work closely with expert witnesses to ensure that your injuries and damages are valued fully. This extra effort makes sure that you recover all you deserve for your claim for damages. We are available 24/7 at 401-298-9116.
SWIMMING POOL ACCIDENT STATISTICS
According to the National Safety, on average about ten people die from drowning every day in the United States. All age ranges are susceptible to drowning accidents, however, the danger is especially heightened for children under the age of 15. Sadly, drowning is the second leading cause of injury-related death among children under the age of 15, according to the Center for Disease Control and Prevention. Studies show that emergency rooms treat about 6,400 pool and spa injuries in children younger than 15 every year. Studies further show that 74% of drowning incidents for children younger than 15 between 2015 and 2017 occurred in residential locations.
RHODE ISLAND POOL ACCIDENT ATTORNEYS
Have you or someone you love been injured by in a Rhode Island swimming pool accident? At Marin and Barrett, Inc., as a local personal injury lawyer we understand that a swimming pool accident can have serious and long-lasting consequences for the injured parties. You have the legal right to seek compensation from the negligent parties and we can help to make sure that you are fully compensated. Typically, we can help you see compensation for these injuries against the homeowners insurance company utilizing Rhode Island premises liability laws. These laws require that a homeowner who has a pool use reasonable care in safeguarding the pool and ensuring that injuries do not occur. Call our office at 401-298-9116 to speak with Attorney Matthew Marin and schedule your free, no obligation case evaluation today. We work on a strict contingency fee basis so there is never a fee unless you recover.
To Learn More About Your Rights and Receive a Free Initial Consultation from local
Providence Pool Accident Attorneys, Contact us 24/7 at 401-298-9116
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HOW DO I GET STARTED WITH MY POOL ACCIDENT CASE?
First thing is first, be sure to get the medical attention you need. Once you do that, the bills will start pouring in and the expenses add up in a hurry. Realistically you’ll want to contact an attorney as soon as possible. The evidence you may need is often the freshest shortly after the accident, and you can rest assured that the party or parties responsible for your injuries will be gearing up for their own legal fight and you will not want to be left behind.