Summer in Missouri means hot weather, the beating sun, and a need to cool down and relax. For many families, the best way to beat the heat is by heading over to the community pool. It is a place meant for fun, laughter, and making happy memories with your children and friends. But sometimes, with the slippery ground and jumping in the pool, it can be easy to get hurt.
When you or someone you love gets hurt at a public pool, it is normal to feel scared, angry, and confused. Suddenly, you are looking at medical bills that you cannot afford or time off work.
Missouri swimming pool accidents can be tricky to navigate, given that a pool and its surroundings are inherently dangerous. However, if a property owner or a city manager did not keep the pool safe, it is not your fault that you got hurt. Learn what to do after being hurt at a public pool in Missouri.
Learn More: Summer Safety Tips
Missouri Swimming Pool Accident Key Takeaways
- Property owners in Missouri have a legal duty to keep their premises safe, including inspecting for hazards and fixing or warning about dangerous conditions.
- If a property owner’s negligence causes an injury, they can be held legally responsible for damages under premises liability laws.
- Common pool-related hazards include slippery surfaces, broken equipment, unsafe drains, and electrical issues, all of which can lead to serious injuries.
- After an accident, it’s important to seek medical care, report the incident, gather evidence, and keep records to support a potential claim.
- Injured individuals may recover damages for medical costs, lost wages, pain and suffering, and, in fatal cases, wrongful death-related losses.
Understanding Missouri Premises Liability Laws
Premises liability means that people who own or manage property must keep it safe for visitors. When a business opens a pool to the public, they are inviting you onto their property. Because of this, they owe you a "duty of care."
This duty means they must regularly inspect the area. If they find something dangerous, like a broken ladder or a slippery floor, they must fix it right away. If they cannot fix it right away, they must put up bright warning signs or close the pool so no one gets hurt.
If they fail to do these simple things, they are acting with negligence. If their negligence causes you to suffer an injury, they are legally responsible for paying for your damages. You do not have to just accept your injuries and struggle to pay your bills.
The Reality of Pool Dangers in Missouri
According to a recent study by the Centers for Disease Control and Prevention (CDC), drowning deaths are on the rise in the United States, following decades of decline. The CDC reports that thousands of people suffer from severe water-related injuries every single year, which lead to ER visits, hospital stays, and physical therapy.
In Missouri, pool owners have a strict legal duty to keep their property safe for visitors. The laws that protect you are known as premises liability laws. Under RSMo Section 537.348, landowners and property managers are held to certain standards when it comes to the safety of their land and swimming pools. They cannot just ignore broken gates, slippery concrete, or hidden dangers. If they fail to fix these problems, they can be held responsible for your injuries.
Common Causes of Injuries at the Pool
There are many different ways a person can get hurt while at a public swimming area. Here are common swimming pool accidents that frequently happen:
1. Slippery Pool Decks and Walkways
Concrete and tile get very slick when they are covered in water. A swimming pool slip and fall is one of the most common causes of catastrophic injuries. Pools should have slip-resistant surfaces or rough mats to help people keep their balance.
They should also have signs warning people that the ground is wet. If the facility fails to provide these safety measures, visitors can fall hard, leading to broken bones, spinal cord damage, or traumatic brain injuries.
2. Faulty Diving Boards and Ladders
Pool equipment takes a lot of wear and tear. Ladders become loose, and diving boards crack or lose their grip. If a facility does not inspect and fix this equipment, a swimmer can easily fall and get hurt.
Also, pools should be prominently marked with how deep the water is. Diving into shallow water because of poorly marked signs can also cause life-changing neck and spine injuries.
3. Dangerous Drains and Filters
The drains at the bottom of a pool have very powerful suction. If a drain cover is missing or broken, the suction can trap a child or an adult underwater. This is a terrifying situation that can lead to drowning or severe internal injuries. Pool owners must check their drains daily to make sure the covers are securely in place.
4. Electrical Hazards
Water and electricity are a deadly combination. Pools have underwater lights, pumps, and filters that run on electricity. If these electrical systems are old, broken, or installed incorrectly, the electric current can leak into the water. This can severely shock or kill anyone swimming nearby.
What to Do After an Accident at a Swimming Pool
If you or a family member is hurt in a swimming pool accident, follow these steps to ensure you have a chance to secure the financial compensation you are owed:
Step 1: Seek Medical Attention Immediately
Even if you do not think your injuries are that bad, you must see a doctor right away. Go to the emergency room or an urgent care clinic. When you are in an accident, your body releases adrenaline, which hides the feeling of pain. You could have internal bleeding, a concussion, or a fractured bone and not feel it until hours or days later.
Getting checked by a doctor also creates an official medical record of your injuries. If you wait days or weeks to see a doctor, the insurance company will try to use that against you. They will argue that your injuries were not caused by the pool or that you are not as hurt as you claim.
Step 2: Report the Accident to the Staff
Do not leave the pool without telling a staff member what happened. Find a lifeguard, a manager, or the property owner and tell them exactly how you got hurt. The facility should fill out an official incident report to keep a record of the event.
Ask them for a copy of this report before you leave. If the injury is severe and an ambulance is called, the first responders will also create a medical report that you can use as evidence in your claim.
Step 3: Gather Evidence at the Scene
If you are able, start collecting information before you leave the pool. Use your phone to take photos and videos. Take pictures of the spot where you were hurt, any broken equipment, missing warning signs, or unusually large puddles of water.
If there were people nearby who saw what happened, ask for their names and phone numbers. Eyewitnesses are incredibly important. The pool management might try to change their story later to avoid getting in trouble, but the statement of an honest witness will help prove the truth.
Step 4: Keep All Your Records
Keep all your hospital bills, pharmacy receipts for medicine, and paperwork from your doctors. If you have to take time off from work because you cannot perform your job duties, keep a record of your lost paychecks. All of this proof will be needed to show exactly how much this tragedy has cost you and your family.
Step 5: Speak to a Legal Professional
Before you sign any papers or give a recorded statement to the pool’s insurance company, you should speak with a Missouri swimming pool accident lawyer. Insurance adjusters may seem friendly on the phone, but their job is not to give you money.
They will try to twist your words or offer you a tiny settlement that will not cover all your medical bills. Having a strong legal advocate on your side will protect you from these unfair insurance tricks.
Related: What to Look For After a Slip and Fall Accident
What Compensation Can You Receive?
When you are hurt because of someone else's mistakes, you deserve compensation to cover the financial losses this accident caused you. Every case is unique, and the amount of money you can receive depends on how badly you were injured.
In general, a strong legal claim can help you recover money for:
- Medical Expenses: This covers your ambulance ride, emergency room visit, surgeries, physical therapy, and any medical care you will need in the future.
- Lost Wages: If your injury stops you from working, you can get money for the paychecks you missed. If you can never return to your normal job because of a permanent disability, you can be compensated for the loss of your future earning power.
- Pain and Suffering: This is money awarded to make up for the physical pain, emotional stress, and loss of enjoyment of life you have experienced because of the trauma.
- Wrongful Death Damages: If a loved one died in this accident, you can receive compensation that covers funeral and burial expenses, loss of income to support your family, and loss of companionship.
Why You Need DM Injury Law
DM Injury Law has built a strong reputation across Missouri for standing up for everyday people. We have the resources, knowledge, and experience to take on negligent property owners. When you hire an experienced Missouri pool accident attorney from our team, we will handle all the stressful phone calls, the confusing paperwork, and the aggressive negotiations.
We have recovered over $1 billion for clients. Here is a successful case we handled involving a swimming pool injury:
If you've been injured while at a Missouri pool, contact our team. We have offices across Missouri, including:
- Kansas City premises liability lawyer
- St. Louis premises liability lawyer
- Columbia premises liability lawyer
Contact us online today or call us at 816-888-7500 to schedule your free consultation. Remember, Mike’s Got This!
