One of the scariest parts about the summer is the fear that a loved one will drown while enjoying swimming in a backyard or public pool. The chances of this happening might not be as high as you think, but there are still hundreds of deaths by drowning in pools a year. What if this happens to someone you love? Do you have a wrongful death suit you can bring against the pool? You just might have a case if some of the following instances are true.
Overcrowded Public Pool
Public pools can be a lot of fun to spend time at splashing around in the water, but they can be a hazard too. Public pools have an attendance limit to how many people are allowed to be in the pool at any given time. This is so the on-duty lifeguard can have a better chance of spotting anyone in danger. It also reduces the chances of bumping into other swimmers by accident and causing harm unintentionally. You might have a wrongful death suit if protocols aren't followed and the pool is overcrowded. If a lifeguard can't see to help someone in danger or there are too many people in the pool, which ultimately lead to a drowning, you might have a case.
Not all beaches or pools in condos or apartment buildings have an on-duty lifeguard at all times, or perhaps might not employ them at all. The pool should post signs about this fact and advise that no children are allowed to swim alone. However, if the pool does employ lifeguards and they are usually distracted by a cell phone or perhaps chatting with other swimmers or friends, then it is possible you have a case against the pool. The lifeguard was neglectful in their duty by not paying attention to what was happening in the water.
A public or condo pool should be kept in proper repair with regular maintenance and upkeep. This is to prevent cracking along the walkway of the pool, to ensure pool steps are secure and there are no gaps in them and to ensure change rooms are in good repair among others. If a person slips and falls due to improper maintenance of the floor or stairs leading into the pool, and that person drowns due to hitting their head against a railing or concrete, there is certainly a cause for a suit. Any public place where people congregate for fun and where the area could prove dangerous, such as with a pool, needs to be kept in good condition.
If you have questions about your potential wrongful death case contact a law firm, such as Putnam Lieb Potvin, to ask about your particular situation.