Who Is Held Liable for Drowning Accidents in Public Pools in Ohio?

When people living near Lake Eerie or other bodies of water think of drowning accidents in Ohio, they may typically conjure up images of ponds, lakes and rivers. However, many people, especially children, drown or suffer drowning injuries in public pools. On the surface, a swimming pool appears much safer than a deep lake like Eerie with unpredictable waves, but in reality, drowning incidents can occur in any body of water, including Ohio’s numerous public pools.

If death or injury occurs in a public pool, such as at an amusement park, water park, hotel or community center, the lifeguard on duty may share some liability for the incident. However, lifeguards and staff aren’t the only persons that can be held liable for drowning accidents in public pools. The specific circumstances surrounding the drowning accident will determine who may bear responsibility.

Who Can Be Responsible for Public Pool Injuries?

Liability in a public pool injury largely depends on its ownership. If the drowning accident took place at a water park or hotel operated by a private entity, the following parties may be held liable:

• Lifeguard on duty
• Public pool staff
• Management and/or owner of the facility
• Swimming instructor
• Maintenance company responsible for keeping the pool safe for use

Things can get more complicated when someone drowns or suffers a submersion injury in a government-operated public pool. Many governmental entities like cities and counties may be exempt from civil liability for many personal injury claims.

This doesn’t mean it’s impossible to be awarded damages, but it does mean navigating your claim can be especially complex. Filers may benefit from the expertise of a personal injury attorney experienced in drowning cases and government liability cases.

Types of Pool Injuries

There are several types of injuries that can occur in and around pools:

Drowning: Drowning is a severe and fatal injury that can occur when a person is submerged in water and unable to breathe. It can happen in both shallow and deep water, and it is a leading cause of injury and death in swimming pools. Surviving family members of public pool drowning victims can file a wrongful death lawsuit to seek justice and monetary compensation for their loss.

Near-drowning: Near-drowning refers to surviving a submersion incident but experiencing complications due to the lack of oxygen. Near-drowning injuries can result in long-term health issues, including brain damage and respiratory problems.

Slip and falls: Pool sides and pool decks can become slippery and hazardous, especially when wet. Slip and fall accidents can lead to various injuries, such as fractures, sprains, head injuries and back injuries.

Chemical exposures: Pools require the use of chemicals, such as chlorine, to maintain water quality. Improper handling or exposure to high levels of these chemicals can cause skin and eye irritation, respiratory problems and chemical burns.

Drain entrapment: Pool drains can pose a risk of entrapment, especially if they are not properly covered or maintained. Entrapment can result in serious injuries, such as limb entanglement and drowning.

Proving Personal Injuries from a Drowning Accident in Ohio

If you or someone you love suffered injuries in a drowning accident, you may have a valid personal injury case if the accident occurred on someone else’s property, such as at a public pool.

To prove your case, your attorney will have to establish a few crucial factors:

1. Duty of care: You were not trespassing and the at-fault party (lifeguard, staff, owner, etc.) had a duty to look after their guests and maintain a safe environment. (Liability for injured trespassers may vary based on the age and cognitive faculties of the person injured.)
   
2. Breach of duty: The at-fault party was negligent and failed to maintain a safe environment. For example, the lifeguard on duty stepped away from their post without adequate coverage or failed to perform their duties properly.
   
3. Causation: The at-fault party’s negligence or the pool’s hazardous conditions were the cause of the drowning accident and subsequent injury.
   
4. Damages: You have suffered physical, emotional and financial damages as a result of the injury.

Proving the above facts typically involves gathering evidence like medical records, video recording and witness testimony—something your lawyer can help with as you navigate your path toward healing and recovery.

Contact an Ohio Public Pool Injury Attorney Today

If you’ve sustained injuries at a public pool, it may be in your best interest to consult with an Ohio public pool injury attorney as soon as possible. At the Buckeye Law Group, we have extensive experience handling personal injury cases related to public pool accidents. Our team is ready to provide you with the legal guidance and representation you need.

Call 1-800-411-PAIN today to discuss your case for free.