Practice Areas

Swimming Pool Accident Attorney in Decatur and Huntsville AL

Swimming Pool Injury Lawyer

Swimming pool accidents can be devastating to a family. One moment, everything seems fine, the next moment, your child is fighting for their life or has even become a victim of drowning. During the hot summer days, many of us enjoy taking advantage of public and private swimming pools without paying any attention to the obvious dangers a pool can present. A day in the sun at a pool that has turned tragic for a family cannot be fully understood by others. There are few more terrible and deadly accidents than those that involve water.

It does not matter whether they take place at a homeowner’s association pool, private residence, or a apartment pool, pool accidents can leave families and friends wondering what went wrong. Randy W. Ferguson has an extensive history of representing pool accident victims and their family members in Alabama. The Law Firm of Ferguson and Ferguson has more than 45 years of combined experience representing drowning victims.

Swimming Pool Regulations

Swimming pool accident nightmares happen too often when pool safety regulations are not conscientiously followed and the Virginia Graeme Baker Act is violated. Public swimming pools in Alabama must comply with the Virginia Graeme Baker Pool and Spa Safety Act. The act provides pool and spa drain cover standards and other minimum required standards. Pool accidents can leave victims, especially younger children, with such catastrophic injuries that their lives and those of their families will be forever changed. Huntsville and Decatur drowning accidents come about in private pools, hotels, motels, parks, water parks, and other locations when supervision fails in their duty, or when faulty gates, drains, or other hazards endanger a swimmer or a child who has entered an area that should have been restricted. When the victim does survive, their lives are often changed forever, as underwater accidents frequently result in brain damage due to the lack of oxygen suffered in the incident. Many of these Huntsville accidents are the result of negligence, and when this is the case, it is necessary to seek a Huntsville drowning accident lawyer to address the legal matters of the claim or lawsuit.

Lawyers Helping Swimming Pool Accident & Drowning Victims

Seeking compensation after a tragic drowning accident requires the skill of a Decatur or Huntsville, Alabama personal injury lawyer with extensive experience in filing a lawsuit or claim against the individual or entity that did not uphold their duty, whether in maintenance, supervision, or another aspect of the case. Sadly, a high percentage of these heartbreaking cases involve young children, and parents and families suffer unimaginable grief when they have lost a loved one or their child suffers permanent injury. Huntsville attorney Randy W. Ferguson has spent his career protecting the rights of the injured and their families to compensation after drowning accident cases or other types of personal injury accidents.

We can assist the families or the injured individual in the legal process in all types of drowning cases, including

Near drowning
Summer camp drowning
Pool accidents
Beach accidents
Child drowning accidents
Water park or hotel drowning
Apartment pool drowning

Common Causes of Huntsville Drowning Accidents

Lack of or damaged pool ladders preventing easy exit
Non-working pool lights
Missing safety equipment such as throwing ropes with attached buoys and Shepherds hooks
Unclear or murky water
Infrequent or inadequate pool upkeep
Overcrowded pool
Untrained, too few or negligent lifeguards
Pool security fence in disrepair
Defective self-closing and self-latching gates
Swimming pool drain cover accidents
Pool operator negligence
Boating accidents
Spa accidents
Depth markers are insufficient or absent.
Swimming pool not filled by depth markers.
Babysitter or homeowner negligence.
Lifeguard negligence.
Missing safety lines separating the shallow and deep ends of the pool

Swimming Pool Accident Statistics

The Centers for Disease Control reports about 10 people a day die as a result of drowning accidents. About 3,500 drown while swimming, and another 350 die from drowning as a result of boating accidents. It is estimated that it takes less than 5 minutes and under 2 inches of water for a child to drown. And every year there are hundreds of Alabama adults that suffer serious injuries at either private or public swimming pools. Throughout the country, unfortunately, hundreds of children die each year in a pool-related accidents. It is estimated that most of these deaths occur in children under the age of 3. Further, hundreds of thousands of people are injured. When there is a swimming pool injury, it is usually because there was either a faulty designed or constructed pool, or there were improper safeguards and security for the small children, or the pool was improperly maintained. Injuries can range from the not-so-serious, such as taking in too much water while swimming, to improper chemicals or chemical maintenance in the pool, to more serious contusions, broken bones, or more serious injuries such as paralyzation or coma.

The drowning rate for children under sixteen (16) was alarming and was twenty-five (25%) percent of the total of all drowning accident deaths in the United States. According to the CDC, approximately three hundred and fifty (350) children five (5) years of age and under, suffer death from drowning accidents every year. Drowning injury, such as death and coma, is the second highest cause of fatalities for children five (5) years and under in the age group. Of all preschoolers who are victims of a swimming pool drowning, 70 percent are in the care of one or both parents at the time of drowning, and 75 percent are missing from sight for five minutes or less. Automobile and truck accidents are the second highest cause of death accidents in this age group. At least five thousand (5,000) additional small children suffer permanent injuries like nerve damage requiring future medical care and treatment and expensive in-house care or hospitalization for the permanent neurological disability.

Alabama Swimming Pool Accident FAQs

What should I do after a swimming pool accident in Alabama?

Call 911, begin rescue or first aid only if it can be done safely, and seek immediate medical care. Report the incident, identify witnesses, photograph the pool and safety conditions, preserve clothing and equipment, and keep medical, insurance, and expense records.

What is a near-drowning injury?

A near-drowning incident occurs when a person survives respiratory impairment from submersion or immersion. Even when someone appears to recover, delayed breathing, lung, brain, or other complications can occur, so prompt medical evaluation is important.

Who may be liable for a swimming pool accident?

Depending on the facts, a homeowner, landlord, apartment manager, hotel, water park, homeowners association, pool operator, lifeguard employer, maintenance contractor, equipment manufacturer, camp, school, or other entity may be responsible.

What must be proven in an Alabama pool injury claim?

A claimant generally must prove a legal duty, breach of that duty, causation, and damages. Evidence may concern property control, required safety measures, supervision, maintenance, warnings, inspection practices, prior incidents, and whether a dangerous condition caused the injury.

What unsafe conditions commonly cause pool accidents?

Potential hazards include broken fences or self-latching gates, inadequate supervision, too few or untrained lifeguards, missing rescue equipment, damaged ladders, unsafe drains, unclear water, poor lighting, overcrowding, missing depth markers, absent safety lines, slippery surfaces, and improper chemical maintenance.

Can a property owner be liable for a child’s drowning accident?

Potentially. Liability depends on control of the property, foreseeability, barriers and gates, warnings, supervision, maintenance, the child’s age, how access occurred, and other facts. Ownership alone does not establish negligence.

Can a landlord or apartment complex be responsible for a pool injury?

A landlord or apartment operator may be responsible when negligence involving pool access, gates, fencing, lighting, maintenance, safety equipment, warnings, or supervision causes an injury. Lease terms and control of the pool area may also matter.

Can a hotel, camp, or water park be liable for a drowning incident?

Potentially. Hotels, camps, and water parks may have duties concerning safe facilities, trained staff, supervision, inspections, capacity, warnings, emergency response, and maintenance. Liability depends on the specific hazard, notice, applicable rules, and causation.

Can lifeguard negligence support a pool accident claim?

It may when inadequate attention, training, staffing, rescue response, or enforcement of safety rules contributes to an injury. Staffing records, training materials, video, witness accounts, emergency logs, and facility policies may be relevant.

What is a swimming pool drain entrapment accident?

Drain entrapment can occur when suction traps a person’s body, hair, limb, clothing, or jewelry against a drain or in a circulation system. Drain covers, pumps, safety systems, maintenance records, and compliance with applicable standards should be preserved and inspected.

Does the Virginia Graeme Baker Pool and Spa Safety Act affect a claim?

The federal Act establishes requirements concerning drain covers and anti-entrapment protections for certain public pools and spas. Whether it applies and whether a violation supports a claim depend on the facility, equipment, dates, facts, and applicable law.

Can improper pool chemicals cause an injury claim?

Potentially. Excessive, improperly mixed, or inadequately monitored chemicals may cause breathing problems, burns, eye injuries, or other harm. Water-testing records, chemical logs, staff training, ventilation, equipment, and medical evidence may be important.

What injuries can result from a swimming pool accident?

Pool incidents may cause hypoxic or anoxic brain injury, spinal cord injury, paralysis, fractures, head injuries, lung complications, chemical burns, infections, lacerations, emotional trauma, disability, and death.

What evidence should be preserved after a pool accident?

Preserve photographs and video, witness contacts, incident and emergency reports, surveillance footage, pool rules, inspection and maintenance logs, lifeguard schedules, training records, chemical logs, permits, insurance information, medical records, bills, and damaged equipment or clothing.

Why should surveillance video and maintenance records be requested quickly?

Video and electronic records may be overwritten, while staffing, testing, and maintenance documents can be lost or changed in ordinary business operations. A prompt preservation request can identify relevant material and ask responsible parties to retain it.

How does Alabama’s contributory-negligence rule affect a pool accident claim?

Alabama generally follows a strict contributory-negligence rule. A defendant may argue that negligence by the injured person bars recovery. The rule’s application to children and particular claims is fact-specific and should be evaluated carefully.

What damages may be available after a swimming pool injury?

Depending on liability and proof, damages may include medical expenses, rehabilitation, future care, lost income, reduced earning capacity, pain and suffering, mental anguish, disability, disfigurement, loss of consortium, and other documented losses.

Can a family bring a claim after a fatal drowning?

A qualifying personal representative may be able to bring an Alabama wrongful-death action when another party’s wrongful conduct caused the death. Alabama wrongful-death law has distinctive rules, so the proper claimant, evidence, and deadline should be reviewed promptly.

How long do I have to file a swimming pool accident lawsuit in Alabama?

Many Alabama personal-injury and wrongful-death claims are subject to a two-year limitations period, but different accrual rules, exceptions, and shorter notice requirements may apply. The exact deadline depends on the claimant, defendant, and facts.

Which Ferguson & Ferguson office handles Alabama swimming pool accident cases?

Ferguson & Ferguson serves swimming pool accident clients through its verified Huntsville office at 303 Williams Avenue SW, Suite 321, Huntsville, Alabama 35801, and Decatur office at 211 Oak Street NE, Decatur, Alabama 35601. The firm states that it serves clients throughout Alabama.

Consult with a Decatur or Huntsville Alabama, Drowning Attorney

The owner of the private pool or public pool does have responsibility. If you have been injured in a swimming pool accident, you should immediately contact Huntsville attorney Randy W. Ferguson to assist you. We will assist you in getting the homeowner’s insurance information or the public facility or private facility’s insurance information so that medical bills do not overburden you. Our firm is here to help you recover lost damages after an accident has occurred on another person’s property, such as a public pool, in which a breach of duty or a negligent act has occurred. If your child was injured on another individual’s property, you may be able to help prove that negligence caused the accident with the help of a seasoned Alabama drowning lawyer. If you have lost a child due to a drowning accident, do not wait another minute longer to call our firm. We have dedicated our careers to helping families just like yours get back on their feet after an accident has traumatically altered their lives. We understand that no amount of money will ever bring back your loved one, but we are committed to ensuring that justice is sought and the negligent party is held responsible. To learn more about our firm and how we are ready to help, call our Huntsville or Decatur office today. We are also available 24/7 to visit you at Huntsville Hospital, Decatur General Hospital, Crestwood Medical Center, or Parkway Medical Center. Call now. Call 256-534-3435 or 256-350-7200.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street
Decatur, AL 35601

Our swimming pool injury attorneys serve every city and county in the State of Alabama.

Swimming Pool Accidents