Swimming pool injury or illness compensation claims
The following article considers everything you must know about making a swimming pool accident compensation claim.
Figures from The Royal Society for the Prevention of Accidents (RoSPA) indicate that children are particularly vulnerable to swimming pool accident injury.
Injury and illness can result from negligence on the part of the hotel or other party responsible for a swimming pool failing to provide adequate lifeguard support, failing to ensure the water is safe to use and free from parasites, or failing to ensure that the area around the pool is free from other hazards.
If a swimming pool or water park accident has been caused by an owner or operator's negligence, it may be possible to make a personal injury compensation claim, even if the accident occurred abroad.
If you have suffered from a swimming pool injury or illness in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
Holidaymakers can sustain injuries, or contract illnesses, resulting from defective swimming pool facilities.
Causes of swimming pool accidents and illness include:
- Damaged tiles
- Defective pool drainage
- Defective water filtration systems
- Excessive use of chlorine, or chemical disinfectant
- Failure to clearly signpost pool depths
Swimming pool injury types include:
- Slips, trips and falls - slippery pool sides and steps are a frequent cause of this type of injury.
- Gashes and lacerations - damaged tiles are the most frequent cause of this type of swimming pool injury. Pool water contaminants can further exacerbate this kind of injury.
- Diving injuries - head and spinal injuries can result from diving into pools that are too shallow.
- Illnesses resulting from contaminated pool water - swimming pool water usually contains chlorine, or chemical disinfectant, to kill harmful bacteria. However, bacteria and other contaminants can still reach hazardous levels. This is due to their continuous introduction to the water by pool users.
- Chlorine poisoning and chemical burns - excessive amounts of chlorine or chemical disinfectant in pool water can be poisonous. Chemical burns and serious skin and eye irritations can also occur when too much disinfectant is added to pool water.
- Drain suction injuries - excessive levels of suction from swimming pool drains can cause serious injury and drowning. If drain covers are left off, swimmers can be pulled down into drains, becoming stuck fast. Suction entrapment can also be the cause of internal and rectal injury.
There is some evidence to suggest that unusually shaped swimming pools present a higher risk of injury. This may be due to difficulties in gauging changes in water depth. If these depth changes are not suitably marked, and a swimmer is injured, a claim may usually be made.
I have a strong claim - why won't a solicitor take it on?
Under the Package Travel Regulations 1992, package holiday tour operators have a duty to ensure the health and safety of their customers.
The Regulations state that tour operators have a responsibility to make regular health and safety checks on holiday accommodation, including swimming pool facilities. These facilities must be safe, adequately maintained and have fully functional life-saving equipment on site.
Holidaymakers who are injured, or made ill, due to poor swimming pool facilities may be entitled to claim compensation from their tour operator.
Injury and illness can also be sustained in water parks.
These parks are often entirely unconnected to the package holiday tour operator. In this case, if injury has been sustained due to the negligence of the water park operator, a compensation claim may be made against the water park owners.
For UK water parks, the compensation claims process is no different to that of most 'occupiers liability claims'. However, claiming for accidents and illness that occurs in water parks abroad can be much more complex and time limits may be tighter.
If the incident occurred at a pool in the UK, or in a hotel during a holiday booked through a UK tour operator, compensation can be claimed through the Courts in England and Wales.
The total award will be based on the specific injury you have sustained and the impact that injury has had on your life, calculated as general and special damages.
If the incident occurred at a water park or swimming pool abroad and you were not on a package holiday, it may still be possible to claim compensation, but the amount you could receive could vary considerably from country to country. A specialist solicitor will be able to discuss this further. Contact Quittance on 0800 612 7456 for more details.
Typically a no win no fee agreement (also referred to as a Conditional Fee Agreement or CFA) is put in place between the claimant and an injury lawyer.
The no win no fee agreement is the terms and conditions under which the solicitor acts for the claimant.
The agreement sets out what the lawyer will do as well as how they will be rewarded if the case is won.
If you instruct a Quittance Personal Injury solicitor for your swimming pool injury compensation claim there will be no hidden or extra charges , no up-front fees and the reassurance that you will not be financially out of pocket.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim swimming pool injury or illness compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
The nationwide network of Quittance solicitors handle all types of personal injury claims, from more minor injury cases to catastrophic injury. Selected on the basis of their track record in winning cases, our lawyers have years of experience recovering compensation for their clients.