Skip to Content
We Are Available to Help You 24/7 - Se Habla Español
Top
Swimming Pool Accidents

Las Vegas Swimming Pool Lawyer 

Protecting Your Rights After a Swimming Pool Injury in Nevada 

Las Vegas swimming pool accidents are common because of our warm climate and the seemingly endless number of opportunities to swim to relieve the heat.

Swimming pool accidents occur in more than homes but in hotels, casinos, resorts, public swimming pools, and aquatic centers throughout the state. Swimming accidents often result primarily from drowning but can also include slips and falls, head injuries, and severe personal injuries that leave our residents' lives changed forever.

If you or your loved one is hurt in a swimming pool accident, our Las Vegas personal injury attorneys can help you hold the negligent party responsible for their injuries accountable by pursuing the best financial recovery available for your unique case.

Have you or a loved one been injured in a swimming pool accident in Las Vegas? Call Bertoldo Carter Smith & Cullen today at (725) 567-0612 or contact us online to discuss your case and understand your legal options for compensation!

Common Types of Swimming Pool Accidents

A swimming pool accident is any injury or incident in or around a swimming pool. These accidents can happen in private, public, or community pools and are often the result of unsafe conditions, lack of supervision, or negligent behavior.

Common types of swimming pool accidents:

  • Drowning and Near-Drowning Incidents: Drowning is one of the most severe types of pool accidents and can be fatal, especially for children. Near-drowning occurs when someone is rescued from drowning but still suffers from water inhalation, which can lead to serious health complications.
  • Slips and FallsWet surfaces around a pool can cause people to slip and fall, leading to injuries such as fractures, sprains, or head trauma.
  • Diving Injuries: Diving into shallow water or from diving boards can lead to head, neck, and spinal cord injuries if the diver hits the pool floor or side.
  • Entrapment in Pool Drains: Pool drains can create powerful suction, which may trap a person, particularly young children, against the drain. This can result in drowning or serious injuries.
  • Chemical-Related Injuries: Incorrect levels of pool chemicals, such as chlorine, can cause skin irritation, eye injuries, and respiratory problems.
  • Electrocution: Electrical components around a pool, such as faulty wiring or ungrounded pool lights, can cause electrocution.
  • Falling into the Pool: People, particularly children or the elderly, may accidentally fall into the pool, leading to the risk of drowning or injury.
  • Pool Toy or Equipment Accidents: Inflatable toys, slides, or other equipment can lead to accidents if they malfunction or are misused.

Swimming pool accidents are not just physical but can also lead to substantial emotional and psychological trauma. Understanding the scope of these incidents is crucial to ensure a comprehensive approach to prevention and legal rectification.

Understanding Nevada's Swimming Pool Injury Laws

Nevada follows comparative negligence laws, which can influence the outcome of swimming pool injury cases. This means that a victim's compensation may be reduced by their percentage of fault in the incident. For example, if a person is 20% at fault for their injury, any awarded recovery would be reduced by 20%. This underscores the importance of proving negligence by other parties involved, such as pool owners or operators, who failed to maintain a safe environment.

Legal assistance is often necessary to navigate these complex laws and ensure that all aspects of negligence and liability are thoroughly examined. With the guidance of Bertoldo Carter Smith & Cullen, victims can better understand their rights and pursue the justice they deserve through experienced representation.

Swimming Pool Accident Statistics

According to the Centers for Disease Control and Prevention, drowning is the leading cause of unintentional injury deaths.

Nationally, about ten people die each day from drowning, and approximately two of those deaths are children aged four and younger.

Others who account for high rates of drowning in the country are:

  • Males account for 80% of fatal drownings
  • African American death rates from drowning are 9% greater than the rest of the population
  • Among children between five and 14 years old, drowning deaths among African Americans are 116% higher than in the rest of the population
  • Over half of non-fatal drowning victims who are treated in emergency departments need additional hospital care compared to the 6% hospitalization rate for all unintentional injuries

The hazards associated with swimming pools can also affect seasoned swimmers when negligence plays a role in their maintenance. Vents and drainage systems can injure or trap any swimmer, no matter their strength. Faulty covers can allow small children to fall through and become trapped underwater. Wiring complications, lighting systems, and even worn and weathered pool furniture become safety factors when they are not properly maintained.

When they do, people get severely injured, and some lose their lives.

Sadly, those who suffer near-drowning incidents may have lifelong injuries that require long-term care, including:

  • Serious brain damage that can result in memory problems and learning disabilities
  • Permanent loss of function, including paralysis or a persistent vegetative state

Beyond the physical injuries, the emotional impact of such experiences should not be underestimated. Families are often left with psychological scars that require counseling and therapeutic intervention, adding to the overall cost and complexity of recovery.

If you have been injured in a Las Vegas swimming pool accident or have tragically lost a loved one who drowned, our personal injury attorneys want to help you seek justice in the form of financial recovery.

Who is Liable for a Swimming Pool Accident?

Liability for a swimming pool accident can depend on several factors, including the cause, location, and who is responsible for maintaining the pool. Generally, property owners, pool operators, or even manufacturers can be held liable under certain circumstances. Below are the common parties that may be liable for a swimming pool accident:

  • Private Pool Owners: Homeowners with pools must take reasonable steps to prevent accidents. This includes maintaining pool safety features like fences and gates, ensuring the water and chemicals are balanced, and supervising children.
  • Public Pool Owners: Public pools are subject to stricter safety regulations. The owners must ensure that the pool area is safe, adequately maintained, and monitored by lifeguards when necessary. They also must ensure that the facility complies with local and state safety regulations. The property owner could be liable for injuries if an accident occurs due to poor maintenance, unsafe conditions, or a lack of supervision.
  • Pool Management or Operators: When a pool is managed by a business or third party (e.g., hotels, resorts, community pools), the pool operators are responsible for maintaining the facility's safety. If accidents occur due to the operator's negligence, such as failing to repair hazardous conditions or not providing lifeguards, they may be held liable.
  • Manufacturers: If a defect in pool equipment (such as a faulty drain, diving board, or pool light) caused the accident, the manufacturer of that equipment could be held liable under product liability laws. In this case, the injured party may file a claim against the manufacturer or distributor of the defective product.
  • Pool Contractors: If the accident was caused by poor construction, improper installation of pool equipment, or a design flaw, the contractor responsible for building or maintaining the pool could be liable. For example, the contractor could be held responsible if a pool's drain is improperly installed, leading to entrapment.
  • Lifeguards or Staff: In public pool settings, lifeguards or other staff responsible for overseeing pool safety can be liable if they fail to act appropriately during an emergency or neglect their duties. However, liability often falls on the employer rather than the individual lifeguard.
  • Parents or Supervisors: In some cases, liability may be shared with parents or supervisors if a lack of supervision directly contributed to a child's accident. However, this is typically examined on a case-by-case basis.

Determining liability can be complex, often requiring thorough investigation to establish fault. Understanding who is liable is crucial for victims to receive appropriate compensation and to implement changes that prevent future incidents.

How Can Swimming Pool Owners Prevent Drownings?

Swimming pool owners must display a reasonable duty of care to those who use their facilities, even when it is a private pool in their backyard.

Important ways to decrease swimming pool deaths include:

  • Formal swimming lessons
  • Teaching basic survival skills, such as righting oneself in the water
  • Training a child how to proceed a short distance in water
  • Learning how to tread water
  • Fencing a pool off on all four sides from the surrounding area
  • CPR given by someone close by
  • Use of life jackets
  • Being watchful and never leaving a young child unattended in a swimming pool
  • Have a lifeguard on duty

Deaths from drownings and other swimming pool injuries could be decreased by resorts or hotels that take greater responsibility for guests’ safety. In Las Vegas, the potential for swimming pool accidents is high due to the volume of alcohol people consume at pool parties and while staying at Las Vegas hotels and resorts.

Las Vegas Swimming Pool Safety Regulations

In Las Vegas, swimming pool safety is governed by regulations intended to minimize accidents and promote safe environments. Local laws require pools to have barriers such as fences at least four feet tall with self-closing and self-latching gates. These barriers are crucial in preventing accidental drownings, particularly among children who might wander into pool areas unaccompanied.

Public pools, including those at hotels and resorts, must also adhere to strict maintenance and safety standards. This includes regular inspections to ensure pool facilities are safe and compliant with health department regulations. Failure to meet these standards can result in significant penalties and liability in the event of an accident. Being informed about these regulations helps pool owners maintain safe premises, reducing the risk of accidents.

If you've suffered injuries from a swimming pool accident, don't wait. Reach out to our Las Vegas swimming pool lawyer now to get the justice and financial recovery you deserve.

FAQs About Swimming Pool Accidents in Las Vegas

What Should I Do Immediately After a Swimming Pool Accident?

After a swimming pool accident, it is crucial to seek immediate medical attention for any injuries sustained. Contact emergency services if necessary. Document the incident by taking photographs of the accident scene and gathering contact information from witnesses. These initial steps are critical for establishing a foundation should you pursue a legal claim. Additionally, inform the pool management or owner of the incident and secure a copy of any incident report filed.

How Can I Prove Negligence in a Swimming Pool Accident?

To prove negligence in a swimming pool accident, you must demonstrate that the pool owner or operator failed to meet their duty of care, leading to unsafe conditions. This can involve evidence such as neglected safety measures, lack of supervision, or improper maintenance. Gathering witness testimonies, police reports, and expert evaluations can strengthen your case. Our experienced attorneys at Bertoldo Carter Smith & Cullen are adept at uncovering these critical elements to build a compelling argument on your behalf.

Are Swimming Pool Contractors Ever Liable for Accidents?

Yes, pool contractors can be liable if their work is substandard, leading to unsafe pool conditions. This liability might include improper installation of safety features, construction defects, or failure to adhere to safety standards. The contractor could be considered negligent if a construction flaw is linked directly to an accident. Thorough inspections and expert testimonies are often necessary to establish this type of liability and can be a pivotal element of your legal strategy.

What Role Does Alcohol Play in Pool Accidents in Las Vegas?

In Las Vegas, alcohol often contributes to swimming pool accidents, particularly in settings like hotel pool parties and resorts. Intoxicated individuals are more likely to misjudge their abilities or become unaware of hazards, leading to an increased risk of accidents. Establishments that serve alcohol are obligated to monitor consumption and ensure safety measures are in place. Failing to do so can result in liability if an accident occurs under their supervision, highlighting the need for management vigilance and responsibility.

 

Our Promise to You

Why You Can Count on Our Firm
  • Experience You Can Trust
    Our attorneys, paralegals and support staff leverage decades of experience across a diverse range of backgrounds on behalf of our clients.
  • Legacy of Client Satisfaction
    Word-of-mouth referrals and repeat clients account for more than 85% of our business, which is a testament to the level of service we provide.
  • Client-Centered Approach

    We strive to treat our clients with integrity, compassion, and respect and provide them with clear communication every step of the way.

  • Proven Record of Results
    We have recovered millions of dollars in successful verdicts and settlements for injured clients throughout the state of Nevada.
    NO FEES UNTIL WE WIN!

Client testimonials

Real Stories From Real Clients
    “Thank you seems woefully inadequate”
    “Thank you seems woefully inadequate for the assistance and steadfast dedication that you and your firm have provided over the years. God bless you and everyone at the firm. It is no small thing to say that you have changed my sister’s life for the be”
    - Miguel
    “Seamless and caring service.”
    I was involved in two car accidents within a year, both work comp related. I'd never used an attorney for personal injury before, but now I'll always choose Bertoldo Carter Smith & Cullen. They made everything seamless and easy, and were always available for questions or reassurance. This law firm clearly cares about what they do and their clients.
    - Aimee W.
    “They truly care about their clients.”
    A close family friend referred us to Bertoldo Carter Smith & Cullen and spoke highly of the firm. They made us feel very at ease about the situation. They truly care about their clients and making them feel at ease through the entire process. Overall, the experience has been exceptional.
    - Pete S.
    “Handled my case excellently.”
    I'm very thankful for meeting the team at Bertoldo Carter Smith & Cullen regarding my motor vehicle accident. They helped me in a very difficult time, provided excellent medical treatment assistance, and represented my best interests. Best law firm in Las Vegas!
    - Kristina Y.
    “Best with phenomenal work ethics.”
    Bertoldo Carter Smith & Cullen is the absolute best. The entire crew is efficient, and their work ethics are phenomenal. For any legal needs, they are the people to go to. Thank you for all that you do for me and my family.
    - Minas M.
    “Great settlement and so happy with results!”
    Thank you so much for your help resolving my case. Bertoldo Carter Smith & Cullen helped me settle my case after another attorney messed up my medical treatment. They spent hours explaining legal matters and guiding me. The loyalty of this law firm was beyond my expectations. Great settlement and so happy with the results! Thank you for all your hard work!
    - Mahir S.
    “Utmost in professionalism”
    I've used Bertoldo Carter Smith & Cullen on a few occasions and always experienced professionalism. Their office staff is polite and informative throughout the process. Highly recommend the team. Thank you for always answering questions and being easy to work with.
    - Steven P.
    “They always made me feel like a member of their family and not just a client.”
    “The kindness and compassion they showed during my case was amazing! They always made me feel like a member of their family and not just a client.”
    - Ryan W.

A Proven Record of Results

Millions of Dollars Recovered for Our Clients
  • $100 Million Product Defect and Fatality from Helicopter Crash
  • $30 Million Fatality/Burn Disfigurement from Helicopter Crash
  • $19.5 Million Brain Damage from Motor Vehicle Accident
  • $18.5 Million Wrongful Death from Aircraft Accident
  • $16 Million Motor Vehicle Accident, Mild Traumatic Brain Injury
  • $12 Million Negligence Security leading to Sexual Assault
  • $10.8 Million Brain Injury, Premises Liability
  • $10 Million Brain Injury, Premises Liability