Trips to the swimming pool are supposed to be an opportunity for fun or exercise. However, if you were harmed because of a health and safety problem, you might need to know more about swimming pool accident claims for compensation. This guide can help.
Personal injury claims need to show that the party in control of the swimming pool breached their duty of care to your safety. So we start by explaining how you can launch a public liability claim like this for yourself or your injured child.
Compensation can be awarded in two main ways if the claim is successful and we explore this below. Evidence is required to make a personal injury compensation claim stand and we detail what might help you do this. There is also a time limit for starting a claim which is the next aspect of a claim we explore.
In the final section, we lay out the advantages of working with one of our skilled solicitors to launch a claim using a type of No Win No Fee contract. Please read on to learn more about swimming pool accident claims, or if you prefer, speak to our advisors now to see if they could connect you to excellent legal representation today:
- Call on 0800 073 8801
- Start a conversation via the live chat function below.
- Or contact us online about swimming pool accident claims.
Jump To A Section
- What Are Swimming Pool Accident Claims?
- Can I Claim For A Swimming Pool Accident On Behalf Of My Child?
- How Much Compensation For A Swimming Pool Accident Claim?
- What Evidence Could Help Me Claim For A Swimming Pool Accident?
- Is There A Time Limit For Swimming Pool Accident Claims?
- Can I Claim For A Swimming Pool Injury On A No Win No Fee Basis?
- Learn More About Making A Public Liability Claim
What Are Swimming Pool Accident Claims?
You may be able to make a swimming pool accident claim for yourself or a loved one if you feel confident that the injury was caused by negligence. Like all parties in control of public spaces, swimming pool operators must comply with the Occupiers’ Liability Act 1957.
This legislation states that any party in control of an area open to the public owes them a duty of care. This duty is to take reasonable actions to implement the necessary measures to prevent users and the public from being harmed. It requires them to take actions such as regularly inspecting the pool for hazards, as well as promptly attending to any essential repairs.
With this in mind, three criteria must be met to move ahead with an eligible claim for personal injury:
- You can prove a duty of care applied at the moment of injury.
- Those in control breached this duty of care.
- You or a loved one suffered harm in the swimming pool as a result.
Next, we look at some examples of accidents that can arise in swimming pools because of negligence on the part of the operator:
Slips, Trips and Falls
Swimming pools are obviously quite wet and slippery places. However, those in charge can still take action to reduce the risk of slips, trips and falls. Providing rough-textured tiles around the main walkways helps. If these tiles are broken or unsuitable ones are used in their place, a pool operator could be liable for the injuries caused by a slip.
Also, common areas must be kept free of clutter so that swimmers don’t trip over objects left in the way. Good lighting in the pool area is another example of an essential precaution against someone slipping over and suffering a head injury or fracture.
Chemical Burns
Chlorine-based products are regularly added to swimming pools to kill bacteria, but the correct dosage is important. Too much chlorine in a pool can cause a burning sensation in the eyes and coughing or breathing difficulties. In severe cases, it can cause lung damage. Therefore, pool operators must use chlorine carefully as part of their duty of care to swimmers and users of any saunas and steam rooms on their premises.
Water Contaminants
Cleanliness is an essential requirement as water-born bacteria can be easily transmitted in a swimming pool environment. With this in mind, the operator needs to regularly clean the swimming pool and surrounding areas. Also, they should promptly attend to any accidents that pose a risk of infection to other swimmers such as human waste.
Drowning and Diving Incidents
To an extent, safe use of the pool is also the responsibility of the operator. They need to display clear signs about the risks of running and diving so that swimmers do not collide and cause an injury to each other, such as a concussion. In addition to this, correctly trained staff and lifeguards should be in attendance at all times to help any swimmers in distress or those at risk of drowning.
Damaged Pool or Surrounding Areas
A loose tile around a pool could cause a swimmer to lose their footing, fall and hit their head or suffer a fractured forearm. Management needs to attend promptly to any repairs brought to their attention. Likewise, faulty diving boards and water slides must be maintained and fixed before use by the public. Severe lacerations, spinal damage or head injury are just some of the injuries that could arise from higher-level platforms and slides that are broken or faulty.
Suction Entrapment.
It’s an important part of swimming pool maintenance to ensure that vents, pumps and other fittings are clear from obstruction and working properly. If the pool management fails to do this a swimmer could suffer damage to their hair and scalp when it becomes trapped in the suction vents and drains. At the deeper end of a pool where a swimmer might be less visible, it could increase the risk of drowning.
Can I Claim For A Swimming Pool Accident On Behalf Of My Child?
Swimming pool accident claims can be made on behalf of a child. Minors cannot start a claim themselves, so often the courts appoint a litigation friend to complete the claims process on their behalf. This can be a parent, a guardian or even a solicitor.
Speak to our team if your child was injured in a swimming pool accident caused by the negligence of the owners.
How Much Compensation For A Swimming Pool Accident Claim?
If your personal injury claim is a success, you could be awarded two types of compensation. The main one is called general damages. This compensates you for the actual physical pain you suffered because of the injury. In addition to this, it can cover any psychological injuries caused or loss of amenity. General damages can also reflect the length of recovery and the overall damage to the quality of your life.
Those responsible for the calculation of general damages might refer to medical reports to guide them and independent medical assessment report.
The report generated can be compared alongside publications like the Judicial College Guidelines (JCG). Here can be found bracket amounts for a variety of injuries. This provides a starting point for the calculations, as our excerpt below shows:
Compensation Guidelines
| Injury | Severity | Award Brackets | Notes |
|---|---|---|---|
| Multiple types of injury and Special Damage amounts | Severe | Up to £1 million plus. | An award like this would reflect multiple types of severe injury and amounts awarded under special damages for medical bills, care costs and lost earnings. |
| Head | (a) Very Severe | £344,150 to £493,000 | None (or very little) response to environment and permanent, full time professional care needed. |
| (d) Less Severe | £18,700 to £52,550 | A good recovery but some persisting issues with concentration, mood and memory. | |
| Neck | (a) Severe (iii) | £55,500 to £68,330 | Dislocations, fractures and soft tissue damage that leave a permanent level of disability. |
| Back | (a) Severe (iii) | £47,320 to £85,100 | Fractures or lesions of disc vertebrae causing chronic conditions and usually require surgery. |
| Hip/Pelvis | (b) Moderate (i) | £32,450 to £47,810 | Despite a significant injury, permanent disability is not major and risk of such not likely in the future. |
| Arm | (c) Less Severe Injury | £23,430 to £47,810 | Despite initial significant disability, a good recovery takes place (or is expected to). |
| Ankle | (c) Moderate | £16,770 to £32,450 | Ligament tears and fractures that cause less serious issues with walking, standing for long periods and stairs. |
| Shoulder | (b) Serious | £15,580 to £23,430 | Cases of dislocation and damage to the brachial plexus area. |
Importantly, each personal injury claim will vary and these figures are suggestions only. Furthermore, the first line entry does not come from the JCG.
You may also qualify to include special damages in your claim. These compensate for the financial losses and monetary harm caused by the injury:
- Medical bills,
- Proof of lost income caused by absence from work.
- The receipts for travel to essential appointments.
- Care costs for anyone who looked after you (or your child).
What Evidence Could Help Me Claim For A Swimming Pool Accident?
Evidence that shows the duty of care to your safety was breached can help support swimming pool accident claims. With this in mind, it’s important to gather as much proof as you can about the circumstances of the accident and injury, such as:
- Copies of your GP notes, A&E admission details or other medical information that can back up your claim of injury.
- CCTV footage from the swimming pool owners that shows the accident.
- The contact information of other people who can provide witness statements later on.
- A copy of the accident book at the pool or leisure centre.
- Photos of your injuries and the hazards that caused them.
- A personal record of important events, treatments and your psychological state.
Is There A Time Limit For Swimming Pool Accident Claims?
Under the terms of the Limitation Act 1980, there is a standard three-year time limit in which to start a personal injury claim. This usually starts from the date of the accident and the injury itself.
Normal time limits of three years are paused for minors. As discussed above, a litigation friend can step in. Or, they are allowed three years starting from the date of their 18th birthday to claim independently (if no claim was made for them by a litigation friend prior to this).
Furthermore, the time limit is suspended completely if the claimant lacks the mental capacity to claim themselves. A litigation friend can also be appointed to start a claim for them. The three-year period starts from any date that mental capacity returns.
Can I Claim For A Swimming Pool Injury On A No Win No Fee Basis?
Our solicitors are experts at helping people get the compensation owed to them. They could directly assist you to collect evidence that supports your claim, such as witness statements and proof of financial loss.
In addition, they know how to calculate a compensation amount that takes into account all the ways in which you were harmed. Furthermore, they can negotiate strenuously on your behalf to get you the best possible settlement.
All these advantages are available to eligible claimants under a type of No Win No Fee contract. Typically, our solicitors suggest a Conditional Fee Agreement (CFA) because it offers so many benefits to the claimant. For example, under an agreement like this:
- There are no upfront fees required for the solicitors to start work on your claim.
- No fees for their services are needed as the claim moves forward.
- Also, no solicitors fees for finished services apply if the claim fails.
- Only a small percentage needs to be deducted from the compensation total if the claim settles in your favour. This is known as a ‘success fee’ and is subject to a legal limit which guarantees you get the bulk of the compensation award.
Why not get in touch to see if you qualify for expert help from our solicitors?:
- Call on 0800 073 8801
- Also, you can start a conversation via the live chat function below.
- Or contact us online about swimming pool accident claims.
Learn More About Making A Public Liability Claim
As well as this guide on swimming pool accident claims, these other resources from our website offer more free information:
- Read about health spa accident claims here.
- Here we discuss water sport injury claims for compensation.
- Information on making a claim if no wet floor signs were displayed and you slipped.
Also, here are some external resources to help:
- Information about health and safety in swimming pools from the Health and Safety Executive (HSE).
- Also, when to call 999 from the NHS.
- Lastly, use this article to check your symptoms, from the NHS.
In conclusion, we value your interest in our guide about swimming pool accident claims. If the team can help in any other way, please contact us.
