Accident in a Public Place*

Various Pool Locations

The most common accidents are a slip and fall while at a local gym, leisure centre, aqua centre or swimming pool. If an accident occurred in a hotel then the owner of the hotel may be liable. It is important to note that water park accidents are also part of this category.

Who is Liable?

Before you go about making a claim for a swimming pool accident you will first need to determine who was liable for the cause of the accident. This will help to speed up the process and avoid delays along the way. It is important to note that if the injured had a part in the cause of the accident, through contributory negligence, they may not be entitled to make a claim. In order to proceed, you will need to ensure that the accident was caused as a result of the negligence of another person. In most cases, it is the owner or operator of the swimming pool or waterpark who will be responsible for the accident or illness. They have a duty of care to ensure the health and safety of all customers, visitors and staff. A breach in this duty of care could lead to an accident which they will be responsible for. If the accident was caused by negligence you should gather as much evidence as possible to confirm that this was the actual cause of your injuries or illness.

Injuries can also be sustained as a result of the negligence of another visitor to the swimming pool. If this was the case, then they will be found liable for the cause of the accident. Members of the public also have a duty of care and responsibility for the health and safety of both themselves and those around them.

Common Injuries and Illnesses

Injuries and illnesses sustained in swimming pool accident and illness claims include:

• Broken Bones and Fractures
• Cuts and Bruises
• Infections to Healing Wounds
• Respiratory Illness
• Head Injuries 
• Back and Neck Injuries 
• Nerve Damage
• Skin Infections
• Eye infection 

Common Causes

Causes of swimming pool accidents and illness include:

• Damaged tiling
• Wet floors 
• Faulty drainage and filtration system
• Too much chlorine or disinfectant
• Lack of signage for wet floors and pool depth
• Damaged equipment such as ladders
• Lack of supervision and untrained employees
• Poor maintenance
• Inadequate lighting 
• Lack of safety equipment such as life rings

Unhygienic Swimming Pools

Whether it be on holidays, in a hotel or in the gym swimming pool, unhygienic swimming pools can cause people to contract an illness. Some of the reasons why a pool may be deemed unhygienic are:

• Incorrect chlorine levels
• Defective or broken water filtrations systems

These can lead to contamination of the water. The onus lies on the owner of the property to ensure that their swimming pools are safe and free from contamination.

How to Prevent Swimming Pool Accidents

There are a number of ways in which an accident in a swimming pool can be prevented and avoided. There are certain steps that the operator of the pool can take.

Training

All employees and lifeguards should be properly trained as this will reduce the risk of injury and illness. If staff know what to do if something goes wrong it will lower the chance of long-term injuries being sustained. This training will ensure the health and safety of all visitors, employees and customers.

Swimming Lessons

It is important that swimming lessons are provided for those who are not confident swimmers. This may reduce the risk of an accident or injury as they will be taught how to swim and what to do if an accident occurs.

Control Access

Access to the pool should be controlled so that spectators cannot gain access to the pool at any stage. This will reduce the chances of a child running into the pool area and slipping which may lead to injury. There should be barriers put in place that are high enough to stop people climbing over them. There should also be a gate which can be locked in the case that the pool is not being used.

Clear Signage

As the area around a swimming pool is very likely to be slippery, it is important that the correct signage is in place to warn people of this. It is very dangerous to run near a pool as slip and fall accidents are one of the main types of accidents which can lead to drowning and fatalities. There should also be signs in place which indicate the depth of the pool. This makes people aware of certain areas in which they may not feel comfortable in. This can also help to prevent accidents.

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What do I do if I'm involved in a swimming pool accident?

Following an accident in a swimming pool, there are a number of steps you should follow:

1. Seek medical attention

   Your health is your wealth and should be your first priority. Immediately after an accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident needs medical attention. If anybody has sustained a serious injury, ensure that you contact an ambulance to attend the scene.

   You must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

2. Report the accident

   It is important that you report the accident to management. You may be required to assist to fill in an accident form. This is to provide them details of how the accident occurred and details of the injury. You should also request that they preserve any CCTV footage.

3. Identify any witnesses

   Collect contact details of any witnesses to the accident – their names and contact information.

4. Document the incident

   It is important that you collect all the relevant information in connection with your accident:

   • How the accident happened, time and date of the accident.
   • Details of any witnesses to the accident (Including staff and other customers); their names, contact information.
   • If there are any CCTV recordings of the accident.
   • Take pictures from different angles of where the accident happened and what caused you to slip, trip or fall.
   • Take pictures of any injuries you suffered, this will help your solicitor to understand how the accident happened.

5. Speak to a personal injury solicitor

   If you are considering moving forward with a claim for any personal injuries sustained, it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A solicitor can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.

   It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.

Case Settlement

If you are to proceed with a swimming pool accident claim you may be entitled to recoup costs to you as a result of the accident. This is along with added expenses you may have incurred, these claims are called damages:

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.

Special Damages

Special damages are out of pocket expenses incurred as a result of an accident in a swimming pool, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.