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There are multiple circumstances where you may be able to make a public liability claim if you have been injured at a pool. Experienced legal counsel is essential for understanding your rights and taking legal action.
Henry Carus + Associates have extensive expertise in public liability claims. Our in-depth knowledge of this area of law enables us to effectively represent clients who have been injured at a pool due to the negligence of a homeowner, commercial business, or local council.
Royal Life Saving Australia’s National Drowning Report 2024 revealed that 35 people drowned in swimming pools last year. More than half of these incidents occurred in backyard pools.
These tragedies are a stark reminder of the dangers posed by swimming pools. We feel it is important to educate Victorians on their rights if they are injured or lose a family member in a pool accident.
Call Henry Carus + Associates at 03 9001 1318 for a FREE, no-obligation consultation. You pay nothing upfront and only have to pay fees if we obtain a favourable result. That is our No Win, No Fee guarantee. Our swimming pool injury lawyers serve clients in Melbourne and throughout Victoria.
What Is the Most Common Cause of Swimming Pool Accidents?
Swimming pool accidents take many different forms, from slips and falls to drownings. While people who access a pool need to exercise caution—even when a lifeguard is on duty—some accidents occur due to the negligence of the owner or operator.
Common causes of swimming pool accidents include:
- Inadequate maintenance of the pool, walking surfaces, etc.
- Negligent supervision
- Defective or broken handrails
- Missing safety features (such as life rings, reach poles, etc.)
- Defective parts and components, including drains, pumps, heaters, etc.
- Faulty wiring and exposed electrical components
- Improper fencing
We’ve written previously about how local councils may be held liable for failing to fence public bodies of water. Similar rules apply to the owners and operators of pools.
Above ground and inground pools in Victoria must be surrounded by a safety barrier that is a minimum of 1.2m in height. Victorian authorities recently clarified that the regulation applies to any pool capable of holding 30cm or more of water. This includes inflatable backyard pools and temporary or relocatable pools.
It is possible to drown in just a few centimetres of water, especially for young children. Children’s natural curiosity and excitement can override their better judgment, turning an unsecured pool into a serious hazard. Homeowners who fail to put up a fence around a pool (even a temporary one) may face claims from neighbours or acquaintances following a pool-related injury or death on their property.
Are Property Owners Liable for Swimming Pool Injuries?
The owner of a property may be liable if someone is injured at a pool, provided the accident was caused by the property owner’s negligence. In public liability claims, negligence is defined as a failure to exercise reasonable care to avoid injuring a person on the premises.
Common components of a pool owner’s duty of care towards users of the pool include:
- Performing regular and preventative maintenance
- Removing safety hazards in and around the pool
- Cleaning the pool regularly
- Posting adequate signage
- Erecting security barriers (fences, gates, walls, etc.)
- Supervising pool users (especially children)
Defining the duty of care in a swimming pool accident claim can be difficult. For example: A homeowner’s duty may be satisfied by fencing off the pool, whereas public pools (such as those operated by leisure centres, water parks, hotels and resorts, local councils, etc.) are generally expected to have more extensive safety features and protocols in place.
Questions of liability should be referred to a swimming pool injury lawyer. A knowledgeable lawyer can prepare a strong public liability claim on your behalf by promptly investigating the incident and gathering evidence of negligence.
Injured in a Pool? Know Your Rights
A person injured on someone else’s property may be entitled to compensation through a public liability claim. This includes incidents involving swimming pools, spas, inflatable pools, and more.
You generally have 3 years to lodge a claim after being injured at a pool. If a minor child is injured or tragically dies due to the negligence of the pool’s owner, parents generally have a maximum of 6 years to make a claim on their child’s behalf.
Damages that may be recovered in a public liability claim include:
- Past and future medical expenses
- The cost of household assistance and services
- Loss of earnings
- Diminished earning capacity
- Pain and suffering and other non-economic damages
Compensation for non-economic loss (such as pain and suffering, loss of enjoyment of life, etc.) may only be recovered if you or your loved one suffers a significant injury. An injury must meet certain legal thresholds to be considered significant.
An experienced personal injury lawyer can help you navigate the assessments needed to establish significant injury. They can also help you strive to maximise the compensation you are due for injuries sustained at the pool.
Get Expert Assistance from Henry Carus + Associates
Swimming is a favourite activity amongst Australians. Many people spend a good portion of their lives on the water, whether in swimming pools, water sports in coastal areas, and more. Private and public pool owners have a responsibility to ensure that the premises are safe for swimmers, divers, and other individuals. The safety of children should always be a priority.
Getting injured at a pool can turn a day of fun into a traumatic experience. You owe it to yourself and your family to explore your legal rights if improper fencing or other types of negligence resulted in an injury or death.
At Henry Carus + Associates, You Deserve More is our mission statement. We believe in providing superior legal services, identifying all options for pursuing a claim, and seeking maximum compensation on our clients’ behalf.
Contact Us for FREE Today
Henry Carus + Associates is a leading personal injury law firm with extensive experience advocating for those who have been injured on private and public properties. Call 03 9001 1318 today for a FREE, no-obligation consultation with a swimming pool injury lawyer. We serve clients throughout Victoria from offices in Melbourne and the metro area.
