Swimming pools are great places to have fun or get some exercise. However, if the correct safety measures and precautions are not put into place, this could cause a member of the public to suffer an injury. If you have been injured in a swimming pool accident, you may be wondering whether you could be eligible to claim compensation. We help you with this by explaining the public liability claims criteria your case must meet for your case to be deemed valid.
If you have a valid swimming pool injury claim, you will need to gather evidence that supports your case. To help you, we have listed some examples of the evidence you could gather within this guide. We also provide you with some different examples of accidents that could occur at a pool that you may be able to claim for.
Following this, we will discuss how your swimming pool accident compensation may be calculated and the different heads of loss that could form your final settlement. We end this guide by explaining how personal injury solicitors on our panel could help you with claim compensation on a No Win No Fee basis.
If you have been injured while using swimming pool facilities, you can contact our advisory team to check the eligibility of your potential compensation claim. Our dedicated team can be reached by contacting us online to arrange a callback.
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- When Can You Make A Swimming Pool Accident Claim?
- How To Make A Swimming Pool Accident Claim
- What Are The Most Common Causes Of Swimming Pool Accidents?
- How Much Compensation For A Swimming Pool Accident Claim?
- Why Claim For A Swimming Pool Accident On A No Win No Fee Basis?
- Read More About Claiming For Public Place Accidents
When Can You Make A Swimming Pool Accident Claim?
While in a public place, you are owed a duty of care by the party in control of that space, as outlined within the Occupiers’ Liability Act 1957. For swimming pools, this duty of care is owed to you by the swimming pool operators. Per their duty of care, they must take necessary measures to help ensure your reasonable safety while you are visiting that public pool. These steps and measures could include conducting regular risk assessments and addressing any hazards they may come across as well as maintaining any pool equipment.
If you have been injured while at a swimming pool, to be able to make a swimming pool accident claim, you will need to prove the following:
- A duty of care was owed to you at the time and place of the accident.
- The accident was caused by a breach in this duty of care.
- You suffered injuries in this accident.
Together, these three factors form the basis of negligence. Later in this guide, we will provide you with some examples of pool accidents that you may be able to claim for.
What Are The Most Common Swimming Pool Injuries?
- Sprains and strains.
- Cuts and bruises.
- Soft tissue injuries.
- Fractures and broken bones, e.g. a broken foot.
- Spinal and back injuries.
- Serious head injury, in some cases this could lead to brain damage.
To see if you may be eligible to make a personal injury claim following a swimming pool accident, you can contact one of our friendly advisors.
How To Make A Swimming Pool Accident Claim
After suffering an injury in a swimming pool accident, you should receive medical attention for any injuries you have suffered. Depending on the severity of these injuries, you may attend a GP appointment or go to Accident and Emergency (A&E). The medical records that are formed after this appointment could be used as evidence in your claim to prove the severity of your injuries and what medical treatment you required for them.
Examples of other evidence that could help you when making a swimming pool accident claim include:
- Any CCTV footage from the pool or leisure centre that captured your accident.
- The contact information for eyewitnesses. A supporting statement can be obtained from them during the claims process.
- A personal diary that details the physical and mental symptoms you experience following the accident.
- Photos of your injuries and the scene of the accident.
A solicitor could help you with gathering any evidence to support your claim as part of their services, if you chose to work with one. To see whether you may be able to work with one of the solicitors on our panel, you can contact an advisor on our team.
What Are The Most Common Causes Of Swimming Pool Accidents?
There are various accidents that could occur within a swimming pool. Some examples of how you could be injured at a swimming pool include:
- Slips, trips and falls – Although a swimming pool is expected to be wet and slippery, the occupier should reduce the risk of wet floor accidents as much as possible. Good drainage, well-maintained tiles, sufficient lighting, and signs warning of the risks of running are all helpful ways to avoid slips and falls. A slip accident at a pool could cause you to suffer a head injury.
- Suction entrapment—Swimming pool drains can exert significant pressure, so they must be properly maintained. A faulty pump system could trap someone by a limb or hair and cause significant injuries, such as lacerations and fractures.
- Water Contaminants – If a swimming pool is not sufficiently sterilised and regularly, this could lead to you suffering a serious illness due to bacteria in the water. Potential illnesses could include Escherichia coli (E. coli) and Legionella.
- Chemical Burns – Over-use of chlorine in a swimming pool could cause you to suffer chemical burns or a rash.
Can You Claim For A Swimming Pool Accident Abroad?
You might qualify for a swimming pool accident claim abroad if you can show that the hotel or resort failed to meet their care duty. The Package Travel, Package Holidays and Package Tours Regulations 1992 states that the tour operator has a duty of care to ensure that the services provided are of a particular standard, meaning that faculties, such as swimming pools, can be used without risking unnecessary injury.
However, if you did not go on a package holiday, whether you could make a swimming pool accident claim would depend on the specific laws of the country you suffered your injury.
Contact a member of our advisory team today to discuss your case and receive free advice.
How Much Compensation For A Swimming Pool Accident Claim?
After making a successful swimming pool accident claim, your compensation settlement could consist of two heads of loss. The first one is known as general damages, and it is awarded for all successful cases. The compensation awarded under this head of loss is for the pain and suffering your injuries have caused you to experience.
To help give value to your injuries, those responsible for calculating general damages can refer to medical evidence and resources like the Judicial College Guidelines (JCG). The JCG lists guideline compensation brackets for various injuries ranging from minor to severe.
Below, we’ve compiled a table using some of these guidelines, aside from the first entry. Please note that compensation for swimming pool accident claims are assessed on a case-by-case basis, meaning how much compensation you receive may differ from the amounts listed below.
Compensation Table
| Type of Injury | Severity | Award Guideline Brackets | Notes |
|---|---|---|---|
| Multiple Severe Injuries and Special Damage | Severe | Up to £1,000,000+ | This magnitude of award includes multiple types of severe injury as well as the associated special damage payments for lost earnings, domestic care costs and medical bills. |
| Head | (a) Very Severe | £344,150 to £493,000 | Cases where the injured person has little meaningful response to their environment and needs permanent professional care. |
| Head | (b) Moderately Severe | £267,430 to £344,150 | The person may suffer with cognitive and physical disabilities and will substantially depend on others. |
| Neck | (a) Severe (i) | In the region of £181,020 | Incomplete paraplegia or permanent spastic quadriparesis where, despite the 24-hour wearing of a collar the person has little/no neck movement. |
| Neck | (b) Moderate (ii) | £16,770 to £30,500 | Cases of wrenching-type injuries and severe disc lesions that cause cervical spondylosis. |
| Knee | (a) Severe (ii) | £63,610 to £85,100 | The sort of fractures that continue into the knee joint and cause constant pain, limited movement and impaired agility. |
| Back | (a) Severe (iii) | £47,320 to £85,100 | Disc fractures or lesions causing chronic pain and impaired agility despite treatment. |
| Leg | (b) Severe (iii) Serious | £47,840 to £66,920 | Comminuted or compound fractures, joint injury or ligament damage that requires a long recovery period and near certain risk of arthritis. |
| Arm | (c) Less Severe | £23,430 to £47,810 | Despite suffering with a significant disability, a good recovery level takes place or is expected to. |
| Ankle | (c) Moderate | £16,770 to £32,450 | Ligament tears and fractures that prompt less serious problems with prolonged standing, walking on uneven ground and awkwardness on stairs. |
| Elbow | (c) Moderate or Minor Injury | Up to £15,370 | Simple fractures, tennis elbow syndrome cases and lacerations that cause no permanent damage or impaired function. |
Special Damages In Swimming Pool Accident Claims
Special damages is the second head of loss that you could be awarded as part of your compensation settlement. Compensation awarded under this head is for any of the financial losses or costs you expereinced because of your injuries.
For example, your injuries may have required you to take time off work to recover. These lost earnings could be recovered under special damages. Examples of other costs you could potentially claim under special damages include:
- Travel expenses to and from medical appointments, such as taxi fares.
- Medical expenses, such as paying for physiotherapy or prescriptions.
- The cost of any home adaptations, such as the installation of a ramp.
- Care costs if you required any help at home.
Evidence of these losses will need to be presented when making your claim for special damages. This could include payslips and bank stements.
How Long Do You Have To Claim For A Swimming Pool Accident Claim?
Generally, you will have three years to start a personal injury claim. This time limit is set out within the Limitation Act 1980 and runs from the date that your accident took place.
However, those lacking the mental capacity to handle their own proceedings will have the three-year time limit suspended. It will only be reenacted if they regained this mental capability and would run from the date of recovery. Alternatively, a litigation friend could make a claim on their behalf while the time limit is suspended.
Can You Claim On Your Child’s Behalf?
If your child was injured in a swimming pool accident, they would be unable to make their own personal injury claim until they became 18. From their 18th birthday, they would have 3 years to start their own legal proceedings. Alternatively, prior to their 18th birthday, you could be appointed by the courts as a litigation friend and make a swimming pool accident claim on their behalf.
To see if you are still within the time limit to begin your own claim, or to receive a free valuation of your potential compensation, you can contact our advisors.
Why Claim For A Swimming Pool Accident On A No Win No Fee Basis?
If you contact our advisors about your swimming pool accident claim, not only can they inform you whether you have an eligible case, but they could also connect you with a personal injury solicitor on our panel.
If one of them agrees to represent your case, they may offer to do so on a No Win No Fee basis under the terms of a Conditional Fee Agreement. There are various benefits that come with claiming under this arrangement, including:
- Not having to pay anything upfront to your solicitor for them to begin working on your claim.
- Nothing to pay for their services throughout the process of the claim.
- No service fees to pay if the claim is unsuccessful.
- A successful outcome means you will owe a percentage of your compensation to your solicitor as a success fee. This percentage is subject to a legal cap. Thereby ensuring that the bulk of the compensation stays with you.
Contact our advisors today to receive free advice for your case and to potentially be connected with a No Win No Fee solicitor on our panel. Our friendly team can be reached by contacting us online to organise a callback.
Read More About Claiming For Public Place Accidents
Please find more of our helpful public liability claims guides below:
- Read about making a claim after an accident in a park in this guide.
- Information on claiming after an accident in a supermarket can be found here.
- Details on the process for making a claim in a restaurant can be found in this guide.
Additional external resources:
- A guide on broken bones from the NHS.
- Also, here is information on claiming statutory sick pay from the GOV.UK.
- Lastly, read more on fall prevention from The Royal Society for the Prevention of Accidents (RoSPA).
To see whether you could have a valid swimming pool accident claim, you can contact one of our advisors.
