Every year swimming pool accidents lead to thousands of severe injuries and fatalities. From drowning to slip and fall, swimming pool accidents can cause injuries like:
- Fractures
- Brain trauma
- Permanent brain damage from the lack of oxygen because of drowning-related injury
- Broken bones
- Spine injuries
How Do Swimming Pool Slips and Fall Accidents Occur?
Slip and fall accidents near the swimming pool occur because of the following:
- Slippery and wet surfaces
- Uneven surfaces
- Poor or insufficient lighting
- Cracked pavements
Elements to Prove to Get Your Claim
No matter the cause of a slip and fall accident, if the accident occurred because of the property owner’s negligence and you have incurred severe injuries as a result, then file a claim. In Nevada, you can bring a lawsuit for negligence under premise liability. However, you will have to prove five elements. These are:
The defendant was in control of the premises where the swimming pool slip and fall accident occurred with you.
- The plaintiff was permitted to be on the premises
- A hazard or dangerous condition existed on the property
- The defendant/ property owner knew of the dangerous condition
- The dangerous condition led to the injuries of the plaintiff
In a swimming pool slip and fall accident, you can also file a claim against other swimmers or the pool or poolside equipment manufacturers, such as handrails, slides, or diving boards. They can be held to a strict liability standard. However, when suing the manufacturer, you should prove elements like:
- The pool equipment was defective
- The defect in the equipment existed at the time it was in the defendant’s possession, and the defendant was aware of it
- The pool equipment was used in a way that was reasonably foreseeable by the manufacturer
- The defect resulted in the plaintiff’s injury
What Is Comparative Negligence?
As per the law in Nevada, the plaintiff can only recover damages if the defendant is at least 50 percent responsible for the cause of the accident. However, if it was partially your fault (but less than 50 percent), you can get compensated, but your damages will be lowered by the percentage for which you are at fault.
What Damages Can You Recover?
Damages that you can recover because of a poolside slip and fall injury are:
- Medical bills
- Lost wages
- Lost capacity to work and earn
- Punitive damages
- Pain and suffering
Seek Legal Representation from Experienced Slip and Fall Accident Lawyer
Contact us if you have suffered from severe injuries in a swimming pool slip and fall accident. Call us at (800)870-8910 for a free consultation! We can investigate your case and collect evidence proving all elements needed to get you justice and fair compensation.
