Swimming pools are common in Arizona, offering much-needed relief when temperatures increase. However, while swimming pools offer fun and relaxation, accidents can still happen anytime. Sadly, the risks may come with devastating consequences, such as drowning or even death. This is why you should take it seriously if you were injured in a pool-related incident. If you were to file a claim, here are some of the benefits of having a swimming pool accident lawyer on your side:
Vast Knowledge of Pool Laws and Regulations
Personal injury law, especially in the context of premises liability, involves intricate legal principles and precedents. Hence, an attorney experienced in handling swimming pool accident cases will be familiar with the relevant statutes and local laws. This will ensure that the legal arguments in your claim are well-founded and persuasive.
Arizona law imposes specific requirements on pool owners to ensure the safety of their facilities. The Arizona Revised Statutes (A.R.S.) § 36-1681 mandates that:
- All residential swimming pools must be enclosed by a barrier that meets certain height and construction standards to prevent unsupervised access by children.
- The law requires that these barriers have gates that are self-closing and self-latching, with the latch located at a sufficient height to be out of reach of young children.
Therefore, pool owners must adhere to local building codes and safety regulations, which may vary by municipality. Failure to comply with these safety standards can result in legal liability for pool owners if an accident occurs. Under Arizona’s premises liability laws, property owners are responsible for maintaining safe conditions on their property.
Identifying Pool Hazards
A swimming pool accident lawyer’s expertise allows them to recognize hazards and hold negligent parties accountable. In line with this, the Arizona Department of Health Services (ADHS) Regulations mandate safety measures to reduce the risk of accidents. For example, pools must be equipped with pool covers, alarms, and safety equipment. Also, drains and pumps should be regularly maintained. Moreover, the pool deck and the surrounding wet surfaces should not be slippery to prevent slips and falls.
Therefore, if the pool owner did not take reasonable steps to ensure the area was safe, your lawyer can present a strong argument for the owner’s non-compliance.
Determining Liability
It can be challenging to pinpoint the exact cause of an accident. For example, if you suspect that defective pool facilities caused your injuries, then you have to prove negligence under premises liability. Thus, you need legal expertise to ensure the validity of your claim.
Thus, if the pool owner did not provide adequate safety measures, he/she can be held liable for your injuries. This includes not only private homeowners but also owners of public pools, hotels, and other commercial properties with swimming facilities.
However, in some cases, defective pool components may also cause injuries. Faulty drains, improperly installed ladders, and even substandard diving boards may put swimmers at risk. Therefore, if proven unsafe, the liability may go to the product manufacturers, installers, and maintenance contractors, depending on the circumstances.
Investigation and Evidence Gathering
A skilled attorney will conduct a thorough investigation to determine the cause of the accident and identify all liable parties. This may involve gathering evidence such as maintenance records, witness statements, and expert testimony to build a strong case. Most attorneys have the resources to gather evidence and witness testimony that you might struggle to access alone. Hence, they can build a compelling case by piecing together crucial information about the accident.
Comprehensive Compensation
Victims of swimming pool accidents (due to negligence) may be entitled to compensation through wrongful death lawsuits or personal injury claims. A swimming pool accident lawyer can help you seek compensation for medical care, lost wages, and pain and suffering.
More often, insurance companies attempt to minimize payouts or deny claims altogether. Lawyers can negotiate with insurance companies to ensure that victims receive a fair amount needed for recovery. Their advocacy ensures you receive financial support for your future well-being.
Litigation Support
If a fair settlement cannot be reached, the case may proceed to trial. Having an attorney who is prepared to litigate the case is absolutely important. If a case goes to court, a lawyer can represent you, presenting evidence and arguments effectively.
Through aggressive representation, your swimming pool accident lawyer will fight for your rights and interests as a victim.
Peace of Mind
Lastly, dealing with the aftermath of a swimming pool accident is emotionally and physically draining. Hence, legal representation will allow you and your family to focus on recovery while knowing that the case is being handled by a professional. Through legal support, you can achieve justice, receive the compensation you deserve, and move forward.
