People love swimming for exercise and for fun, especially during hot summers. Pools, water parks, and splash pads are great places for kids and adults to have a good time and cool off. However, swimming and water-related accidents result in many injuries every year. Children who are inadequately supervised are at risk of drowning, or the slippery surfaces in and around a pool can cause serious slips and falls.
If you were injured in a swimming pool accident in Cordova, you may need to seek help from a seasoned premises liability lawyer like David E. Gordon. The Law Office of David E. Gordon can advocate for you, help you understand the relevant state laws, file your case in a timely manner, and construct the strongest arguments so you can recover the damages you deserve as you recover from your injuries.
Swimming and Other Water-Related Accidents
It is well known that swimming and other recreational water activities come with health and safety risks. Some of the main examples are drowning or near-drowning events, waterborne illnesses, slips and falls, and head injuries from diving into rocky or shallow water.
Drowning or near-drowning events are shockingly common. Drowning is the leading cause of death for children one to four years old and the second leading cause of unintentional death for children from five to fourteen years old. Injuries from pool chemicals are also widespread; improper handling or storage of chlorine, bromine, and other pool treatment products result in 4,500 emergency room visits every year. A lack of pool chemicals can also be a problem, because – improperly treated pools and splash pads can be overrun with germs like Cryptosporidium or Legionella bacteria.
Comparative Negligence Standard
A person can be injured in a swimming pool-related accident in Cordova in many ways. If the injury was caused by the negligence, recklessness, or intentional act of another person or entity, the injured party will have to produce proof during their lawsuit.
The state follows a modified comparative negligence standard, meaning if the person filing the claim is found to be more than 50 percent at fault for the accident that caused their injuries, they cannot recover any damages at all.
Contributory Negligence Limitation on Damages
State law also reduces any damages owed to the plaintiff by the percentage they are found to be at fault, which is called contributory negligence. For example, imagine someone slipped on a broken tile on the edge of a pool, fell in the water, and hit their head in a swimming pool accident in Cordova. However, they were running at the time of the accident, which was prohibited by pool rules. In this case, a jury might find the injured person was 25 percent at fault for their injuries and the pool owner was 75 percent at fault. Because 25 percent is less than the 50 percent threshold, the injured party can still recover damages, but those damages will be reduced by 25 percent because of the contribution to their injury.
This doctrine can significantly impact how much an injured person can recover. David can put together the strongest possible arguments to help mitigate any responsibility the injured client might have and to show why the pool’s owner should be considered more at fault for the accident.
Contact a Lawyer After a Swimming Pool Accident in Cordova
If you were injured in a swimming pool accident in Cordova, such as a near-drowning incident, a slip or fall, or a waterborne illness, because of the negligence of another party, you may be entitled to damages. These damages can help you pay for doctor visits, diagnostic tests, hospital stays, and even things like lost wages and compensation for your emotional pain and suffering.
The Law Office of David E. Gordon can help you navigate the state’s comparative and contributory negligence standards. David can use his training to develop compelling arguments, work with a team of experts, and organize your case to help you get the damages you need. Reach out today to schedule an appointment.
