Premises Liability Lawsuit: Pursuing Damages for Drowning and Pool Injuries in North Carolina

According to statistics from the National Safety Council, each year there are more than 7,000 victims who die each year from drowning. Most of these victims are children under the age of 5. Drowning is actually the leading cause of injury and death for children five and under, and the second leading cause of death for children between the ages of five to 14. These are tragic accidents that could often be prevented if the proper safety measures were put in place.

Tragically, the majority of swimming pool accidents are preventable if only the owner of the pool had taken the appropriate steps to ensure the safety of those using the pool. If you or a family member has been injured in a swimming pool accident, contact a North Carolina personal injury attorney from Shapiro, Washburn & Sharp to find out how we can help.

Most Common Causes of Pool Accidents

The most common causes of swimming pool accidents include the following:

  • Defective drains that cause suction drownings
  • Diving board accidents
  • Inadequate or lack of markings or barriers to divide the shallow and deep sections of the pool
  • Inadequate or negligent lifeguard supervision
  • Lack of fence and gate
  • Lack of pool cover
  • Missing safety equipment, such as life rings
  • Overcrowded pool
  • Slippery surfaces

How to Prove Negligence in a Pool Accident

In order to be successful in pursuing a swimming pool accident claim, a victim must prove that the owner of the property was negligent and aware of the hazardous conditions that were present and resulted in the accident. For example, all pools are required by law to be fenced in. If the gate on the fence is broken and is unable to be locked, the owner should be aware – as any reasonable person would be aware – that an unlocked gate could result in a neighborhood child being able to get into the area and into the pool unsupervised, where a tragic accident could occur. Failure to repair the lock would make the property owner negligent and liable should an accident occur.

Premises liability cases can be difficult to prove without the legal expertise of a personal injury attorney. These cases can be complex and failure to provide sufficient evidence could result in a dismissal of the case by the court or a ruling in favor of the defendant (property owner).

Call Our Office for Legal Assistance

If you or a family member has been injured in a pool accident, contact a seasoned North Carolina premises liability attorney to discuss what legal recourse you may have. Even if it is not entirely clear who is the at-fault party, a Carolinas injury attorney will be able to determine which party or parties are liable. At Shapiro, Washburn & Sharp, our injury attorneys have successfully represented numerous accident victims, getting them the damages they deserved in their personal injury claims. Call our office today to schedule a free consultation and find out how we can help.