Swimming pool accident and illness claim solicitors.
If you have suffered a personal injury, or illness, whilst using a swimming pool, or any of the other facilities within a swimming baths, if the injury was caused by the negligence of someone else, you most likely have the right to make a claim for personal injury compensation.
Contact MG Legal’s team of personal injury specialists to discuss how we can help you, all on a no win no fee basis.
Do I have a swimming pool injury or illness claim?
You should be eligible to make a swimming pool injury or illness injury claim if your injury occurred:
• in the last three years, and;
• someone else was at fault, and;
• that person owed you a duty of care.
• your claim for personal injury is evidenced by an accident book entry, or
was reported to the hotel, or swimming pool owner
• You have images of the defect that caused the injury, or there is CCTV
This applies even if the swimming pool or spa is abroad, and you are on a package holiday. If you have any doubt, then contact the experts at MG Legal. We accept all personal injury claims, on a No Win No Fee basis, with no financial risk to our clients, and calling our team for advice will be free.
What kind of personal injury accidents occur in swimming pools?
The Royal Society for the Prevention of Accidents (RoSPA) indicate that children are the most likely member of society to be injured in or around a swimming pool. But that doesn’t mean that thousands of adults don’t suffer personal injury around the swimming pool, too. There are many hazards and types of incident causing personal injury that occur in and around swimming pools, from the common slipping accident on wet floors to rare, but far more serious spinal cord injuries due to incorrectly or poorly marked depth changes. Whilst there is a general expectation that many areas of a swimming baths will have water on the floor, there is still an obligation on the owner to ensure that flooring is properly non-slip, that water cannot become ‘pooled’ or that water cannot get into areas away from the pool or without the non-slip flooring.
Slipping hazards leading to swimming pool personal injury claims can be caused by poor or broken flooring or drainage, incorrect type of flooring, leaks or spills not cleared up in time and also due to poor visibility or lighting. It is also highly important that the type of activity is considered when constructing a pool and also when permitting that activity. For example, diving should only be permitted in pools of sufficient depth, pool games such as water polo in pools that are sufficiently equipped and that at all times, the depth markings are clearly visible. Another issue is pool access, in that steps should be well positioned and firmly affixed, and also that any underwater items or constructions should be made visible to prevent impact injuries.
Chemical levels, particularly chlorine are highly important; not enough chlorine can lead to illness through spread of infection, whilst too much can result in personal injury with chemical burns, particularly to sensitive areas such as the eyes, ears, nose and mouth. Appropriate life-saving equipment and staff should also be provided, particularly to assist children, elderly people and poor swimmers. As some visitors to the swimming pool, can get into difficulties whilst swimming, having appropriate life -saving provisions can be the difference between avoiding any injury and serious, even tragic, consequences. Whatever the incident, if you have been involved in an accident at a swimming pool where you have sustained personal injury, get in touch with our personal injury experts and we will advise straight away on your personal injury claim and how we can help you on a no win no fee basis.
The most common swimming pool injuries MG Legal’s personal injury solicitors deal with are:
• Slips, trips and falls - slippery poolsides, slipping on steps and steps with loose, or
no handrails, are the most common cause of this type of injury to our clients
• Cuts and bruises - damaged tiles and swimming pool surroundings are the most
frequent cause of this type of swimming pool injury.
• Head neck and back injuries caused by diving in – from cuts and bruising, to
serious head and spinal injuries resulting from diving into pools that are too
shallow, with improper or no warning signs in place.
• Chlorine poisoning and chemical burns - excessive amounts of chlorine or
chemical disinfectant in pool water can be poisonous or cause harmful burns
to the skin and eyes.
• Drain suction injuries - excessive levels of suction from swimming pool drains
often cause serious injuries such as bruising, and can drown children, and those
who aren’t strong swimmers. If drain covers are left off, swimmers can be pulled
down into drains, causing at the very least alarm and distress, and if the
swimming pool is not properly supervised, then death can result. Suction
entrapment can also be the cause of internal and rectal injury.
Can I make a claim if I suffer personal injury whilst an employee at a swimming pool?
Yes, you are owed a duty of care by your employer and whilst your role will be that of an employee rather than a customer, if you sustain a personal injury as a result of your employer’s negligence, you can make a personal injury claim.
In addition to the risks talked about in the section above, your employer must also ensure that you are properly trained for your role and given the right equipment to perform your duties. For example, when handling chemicals like chlorine, you should be given Personal Protective Equipment and training in handling chemicals. Full training should be given for any maintenance duties and the correct tools should be made available. More generally, your training should cover any lifting or other manual handling duties, using any machines whether pool filtering equipment, vacuum cleaners, cafeteria or catering equipment such as kettles, toasters or grills as well as food preparation and handling training if you are involved in preparing or serving food. Whatever has happened, MG Legal’s personal injury specialists are well versed in Employer’s Liability personal injury claims and we can provide simple, straight forward advice on how we can help you recover compensation and any financial losses following a personal injury accident in a swimming pool as an employee.
What kind of losses can you claim following a personal injury incident in a swimming pool?
In addition to compensation for your personal injury, you are entitled to claim for other financial losses, known as Special Damages, which commonly include the following:
Lost Earnings: Any time off work following the incident, either as a direct result of your injuries or future absences due to the injuries or treatment can be included in a claim against the fault party;
Treatment Costs: Treatment which improves your prospects of recovery can generally be included in a claim. Commonly this is in the form of physiotherapy or CBT treatment, but can extend to any recognised medical treatment which is recommended to improve your recovery.
Care Costs: This includes direct care, such as a relative, friend or professional looking after you whilst you are recovering but also for performing other tasks such as shopping, gardening or cleaning until you are able to do so yourself again.
Travel or Transport Costs: If you need to go to appointments or for treatment, you can claim for the cost of the attendance such as mileage, parking costs etc. Alternatively, if you utilise public transport including taxis you can include the fares in your claim. Just remember to keep hold of your receipts,
Future adaptations/needs: Should your injury be more severe, or require longer term treatment, you can include this in your claim. Examples include simple items such as, insoles for your shoes or costs of camouflage treatment for minor scars up to major adaptations such as fitting stair lifts or modifying/replacing your car.
These, or any other losses you believe have been caused by any personal injury in a swimming pool can be included in your claim. Speak to your dedicated personal injury solicitor at MG Legal to discuss all potential options and we will ensure that the maximum possible compensation is recovered for you.
My child was injured at a swimming pool, can I claim for them?
Swimming and other water-sports are regular activities, with over one in four children over the age of seven estimated to swim at least once per week. Quite simply, your child is owed the same duty of care as you are, with the added duty that children, particularly younger children, need extra care and safety when around water. If your child, or anyone under the age of 18 years in your care, sustains an injury you have until their 18th birthday to make a claim, after which the child has until their 21st birthday to make a claim. MG Legal’s personal injury specialist solicitors deal with personal injury claims on a daily basis and we ensure that each child received the correct settlement for your injury, with the opinion of a specialist barrister to verify this before settlement is approved. Rest assured, your claim on behalf of your child is in very safe hands with MG Legal.
What evidence do I need to bring a claim for personal injury in a swimming pool?
Firstly, if you sustain injury ensure that you see medical assistance for any serious or life-threatening injury. Provided you feel able to do so, it often helps to take photographs or a short video of the item or hazard which has caused your injury. If any other people have witnessed the incident and they are willing to do so, take their name and address as witnesses and your solicitor at MG Legal will contact them to assist in supporting your claim. Ensure that the incident is recorded in an accident book and make certain that any version of events written down by other people is accurate before you sign a report form or accident book entry. Also ask that any CCTV footage of the incident is saved as this is often key evidence in any claim. If In doubt about your injuries seek medical attention and your medical records can be obtained later for provision to an expert to evidence your injuries. After doing all of this, all that your expert solicitor at MG Legal will ask of you is that you respond to any request for information or instruction and that you attend any appointments made for you, such as your medical expert’s assessment. This means that we can get on with making your claim and getting it to a successful conclusion, whilst recovering the maximum possible award for your injuries.
Why choose MG Legal for my swimming pool personal injury claim?
At MG Legal, each solicitor takes a personal interest in each case and we have a dedicated department dealing with personal injury claims occurring in public places such as swimming pools. Our team is well versed in the ‘small-print’ within the Occupiers Liability Act 1957, or the Health & Safety at Work Act 1974 for employees, as well as having extensive experience of dealing with all types of injury and settling claims successfully at all stages of the process. We are not afraid of a denial of liability and our success rate, which exceeds 99%, is testament to the fact that when we take a claim on, your claim really does have the best chance of success at every step. We believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work.