Many people visit swimming pools as a form of recreation and exercise, and parents often take their children during school holidays. However, if the correct safety procedures are not implemented, this could lead to an accident where an injury is suffered. In this guide, we’ll explain everything you need to know about making a swimming pool accident claim.
Our guide will discuss what negligence means and how the negligent actions of a swimming pool or leisure centre could lead to an injury. Then, we’ll discuss when you could potentially make a claim if you or your child suffered an injury.
We’ll also talk about compensation. A lot of people wonder how much they could receive for swimming pool injuries; our guide discusses what kinds of compensation you could get and how these are calculated.
Finally, our guide will look at No Win No Fee agreements, and why we always recommend that you make your public liability claim with the help of specialist swimming pool injury lawyers.
Contact Us
Our team of advisors are on hand if you have any questions, or if you’d like to get started on your claim. Contact us today to get started by:
- Calling us on 0333 000 0729
- Using the live chat feature
- Contacting us online
Browse Our Guide
- What Is A Swimming Pool Accident Claim?
- Can I Claim For Swimming Pool Injuries When On Holiday?
- Can I Claim On My Child’s Behalf For A Swimming Pool Accident?
- What Do I Need When Making A Swimming Pool Accident Claim?
- How Much Compensation For A Swimming Pool Injury?
- What Is A No Win No Fee Swimming Pool Injury Claim?
- Learn More About Personal Injury Claims
What Is A Swimming Pool Accident Claim?
An accident at a swimming pool can happen in a lot of ways, but you can only make a swimming pool accident claim if you can establish that negligence occurred. In terms of personal injury claims, this means:
- You were owed a duty of care.
- This duty was breached.
- As a result, you suffered an injury.
While at a swimming pool or leisure centre, you’re owed a duty of care by the person in control of that space under the Occupier’s Liability Act 1957 (OLA). This means that they need to take all the needed steps to keep you reasonably safe while you’re there.
For example, if your child were running along the side of the pool against the advice of a lifeguard and hit their head because they slipped, you’d be unlikely to make a successful claim. This is because they had been told not to run but did it anyway.
Below, you can find some examples of common swimming pool injuries and when you could potentially make a claim.
Slips, Trips and Falls
Walkways should be kept clear of debris and clutter. If you were walking alongside a pool and tripped over a box or chair that was left in the way, causing you to fall and suffer a head injury, then you may be able to claim.
Swimming pools are often slippery, with lots of water on the floor. Any area with excess water should have a wet floor sign or other advice signposted to warn people. If you were to slip because no wet floor sign was posted, and this caused a knee injury, you could potentially make a claim.
Pool Or Surrounding Area Damaged
Those in charge of the area need to make sure that it’s well-maintained and that any defects are either signposted or repaired in a timely manner. For example, if you fell and suffered a back injury because the stairway into the pool was broken, you may be eligible to make a claim.
Drowning or Diving Incidents
Swimming pools usually employ lifeguards to make sure that those who use them don’t drown or suffer an injury while swimming. If your child or loved one drowned because there were no lifeguards employed or because those employed were underqualified or acting negligently, then you could potentially make a claim on their behalf.
Likewise, if a pool is not deep enough to safely dive, there should be warnings signposted to stop anyone from attempting to. If you suffered a brain injury after being told it was safe to dive into a shallow pool, then you could potentially make a claim.
Water Contaminants
Most swimming pools use a mix of different chemicals to make sure that the water is sanitary and safe to swim in. However, contaminants can still get into the water and cause serious illnesses. For example, if the maintenance team mistakenly pumped too much chlorine into the pool, this can make it more acidic and cause burn injuries, scarring, and skin damage.
These are only a few examples of the kinds of swimming pool injuries. You may still be able to claim compensation if you don’t see your injuries reflected above; contact us today to learn more.
Can I Claim For Swimming Pool Injuries When On Holiday?
Under The Package Travel and Linked Travel Arrangements Regulations 2018, you can potentially make a swimming pool accident claim if you are injured on holiday while abroad. This only applies if your injured occurred during a scheduled activity or on the premises of your hotel booked through a package holiday.
If you are on holiday in England or Wales, then as long as you can prove that negligence occurred, you can potentially make a compensation claim. We understand that this can seem confusing, so get in touch with our team today to learn more.
Can I Claim On My Child’s Behalf For A Swimming Pool Accident?
Children under the age of eighteen cannot claim for themselves. But if your child was injured, then you could potentially make a personal injury claim on their behalf as a litigation friend.
You need to apply to be a litigation friend, or you could be appointed by the Court. In either case, it’ll be your responsibility to act in your child’s best interests and make sure that their thoughts and feelings are taken into account.
If the claim succeeds, then their compensation will be held in an account by the Court Funds Office (CFO) and released to them when they turn eighteen. You will not be able to access their compensation unless you can prove that you need the money for your child’s best interests, e.g., to cover the cost of medical treatment.
Our team can provide more information on claiming as a litigation friend. Get in touch with us today to learn more about claiming compensation for a swimming pool-related injury, or keep reading for more information.
What Do I Need When Making A Swimming Pool Accident Claim?
As we’ve already mentioned, in order to make a successful swimming pool accident claim, you need to be able to prove that negligence occurred. To do this, you’ll need to collect evidence.
You don’t need to take this step alone. One of the personal injury solicitors from our panel could help you collect evidence like:
- Photographs of your injuries or the defect that caused them, like a broken pool ladder.
- CCTV footage of the accident.
- Medical records that show the severity of your injuries.
- The results of an independent medical assessment.
- Witness statements.
- Financial documents that show the financial losses your injuries have caused, such as invoices and bank statements.
Get in touch with our team today to find out how a No Win No Fee solicitor from our panel could help you prove your claim.
How Much Compensation For A Swimming Pool Injury?
When you make any kind of personal injury claim, you are eligible for up to two heads of claim. The first heading is called general damages, and this covers the pain and suffering you experience as a result of your injuries. It also covers loss of amenity, which addresses things like lost enjoyment in hobbies.
Often, the Judicial College Guidelines (JCG) is used to help value this head of claim. This document contains an in-depth list of injuries besides guideline compensation brackets. You can take a look at some examples of these brackets below, but please keep in mind that these are just guidelines, and the first entry hasn’t been taken from the JCG.
Injury Compensation Notes
Multiple serious injuries + special damages Up to £1,000,000+ A number of severe injuries plus financial losses, like lost earnings
Very Severe Brain Damage £344,150 to £493,000 Very severe brain damage that results in little to no language function and a need for full time care.
Moderately Severe Brain Damage £267,340 to £344,150 A serious disability that leads to a substantial dependence on others.
Paraplegia £267,340 to £346,890 Consideration is given to the level of pain and depression, as well as the degree of independence the claimant has.
Severe (i) Neck Injuries In the region of £181,020 Incomplete paraplegia with a need to wear a collar almost always.
Severe Leg Injuries (iii) Serious £47,840 to £66,920 Serious compound fractures resulting in instability and weakness.
Less Serious (ii) Leg Injuries £11,120 to £17,180 Simple Fracture of a Femur With No Damage to Articular Surfaces
Less Severe Arm Injury £23,430 to £47,810 A significant degree of recovery occurs despite some disability.
Moderate Back Injuries (i) £33,880 to £47,320 This bracket covers many different kinds of injuries, including slipped discs and vertebral injuries.
Can I Claim For Loss of Earnings Caused By A Swimming Pool Injury?
Yes, if your injuries caused lost earnings, you could potentially claim them back under special damages. But what are special damages?
Under this second head of claim, any financial losses that were caused by your injuries could be recovered. For example, this could include lost earnings and the cost of:
- Prosthetics.
- Mobility aids.
- Home adjustments.
- Professional care.
- Prescriptions.
- Counselling.
- Rehabilitation and physical therapy.
- Travel.
Contact our team of advisors today for more information on making a claim for an accident at a swimming pool. Or, read on to find out how one of the solicitors on our panel could help you.
What Is A No Win No Fee Swimming Pool Injury Claim?
When you make a personal injury claim, you have the option to work with a solicitor. We always recommend seeking expert legal advice because a solicitor can make the personal injury claims process feel much less stressful and complex.
For example, one of the specialist solicitors on our panel could help you:
- Ensure your claim is filed within the time limit.
- Negotiate the settlement that you deserve.
- Understand complex legal terms.
- Gather evidence to support your case.
- Communicate with the other party.
- Prepare for trial if this is necessary, as not all claims go to court.
Plus, our panel works on a No Win No Fee basis by offering a Conditional Fee Agreement to their cleints. A No Win No Fee solicitor can provide all of these services without asking for payment either upfront, as the claim goes on, or at all if the claim fails.
If it succeeds, they’ll take a success fee. They take this from your compensation as a small percentage, but this percentage is limited by law.
Contact Us
Our team are here to help. If you’re ready to get started, or if you want to learn more about making a swimming pool accident claim, get in touch today by:
- Calling us on 0333 000 0729
- Using the live chat feature
- Contacting us online
Learn More About Personal Injury Claims
For more helpful guides:
- Learn about hotel accident claims with our guide.
- Find out how to claim for a radiator burn in a hotel with our article.
- Get help making a slip, trip, or fall claim.
Or, for further resources:
- Learn about first aid from the NHS.
- Help with requesting CCTV footage of yourself.
- Guidance on swimming pool management from the Health and Safety Executive (HSE).
Thank you for reading our guide on how to make a swimming pool accident claim.
