Swimming Pool Accident Attorneys in Durango, Colorado

Swimming pools are a popular source of recreation, particularly during the warmer months. However, they can also be sites of serious accidents resulting in injury or even death.  

Understanding the potential hazards and legal implications can help you seek compensation if you or a loved one has been involved in a swimming pool accident. 

At Downs, McDonough, Cowan & Foley, we understand how traumatic these accidents may be. Which is why we are dedicated to providing compassionate legal guidance during these tough times. Don’t face these challenges alone, contact our team today for help. 

We proudly serve clients in Durango, Colorado, and throughout Telluride, Pagosa Springs, Cortez, and The Four Corners. 

Common Causes of Swimming Pool Accidents 

Swimming pool accidents can occur due to a variety of reasons, many of which are preventable. The most common causes include: 

• Lack of Supervision: The absence of lifeguards or responsible adults can lead to drownings, especially among children. 

• Slippery Surfaces: Wet and slippery pool decks can cause slip and fall injuries. 

• Faulty Pool Equipment: Defective drains, pumps, and other pool equipment can lead to accidents or electrocution. 

• Inadequate Fencing and Barriers: Pools that lack proper fencing or barriers can lead to accidental drownings, particularly involving young children. 

• Poor Maintenance: Dirty or chemically imbalanced water can cause illnesses, while poorly maintained pool structures can result in physical injuries. 

Types of Injuries in Swimming Pool Accidents 

Swimming pool accidents can result in a range of injuries, some of which can be life-threatening or result in long-term disability. Common injuries include: 

• Drowning and Near-Drowning: These are the most severe consequences and can lead to death or significant brain damage. 

• Broken Bones and Sprains: Slip and fall accidents can result in fractures and sprains. 

• Cuts and Lacerations: Sharp objects or poorly maintained pool edges can cause significant cuts. 

• Spinal Cord Injuries: Diving into shallow water can cause severe spinal cord damage leading to paralysis. 

• Infections: Contaminated water can lead to infections such as skin rashes, ear infections, and gastrointestinal illnesses. 

Establishing Liability in Swimming Pool Accidents 

To succeed in a claim for a swimming pool accident, it is crucial to establish who was at fault. Potential parties include:

• Pool Owner: Whether a private homeowner, hotel, community center, or municipality, the owner may be held responsible for failing to maintain a safe environment. 

• Manufacturers: If faulty equipment caused the accident, the equipment manufacturer might be liable. 

• Maintenance Companies: Businesses responsible for maintaining the pool may also be held accountable if negligence in their services led to the accident. 

What to Do After a Swimming Pool Accident 

If you or a loved one has been involved in a swimming pool accident, taking the following steps can strengthen your case: 

1. Seek Medical Attention: Your health is the top priority. Immediate medical attention will also document your injuries. 

2. Report the Accident: Notify the pool owner or manager and ensure an incident report is filed. 

3. Gather Evidence: Take photos of the accident scene, your injuries, and any potential hazards around the pool. 

4. Interview Witnesses: Collect statements from any witnesses who observed the accident. 

5. Contact a Personal Injury Lawyer: An experienced personal injury lawyer can guide you through the legal process and help you build a strong case. 

Statute of Limitations in Colorado 

In Colorado, the statute of limitations for filing a personal injury claim, including swimming pool accidents, is generally two years from the date of the injury. This means that you have a two-year window to pursue legal action against the responsible party.  

If the accident resulted in wrongful death, the statute of limitations is also two years, but it begins from the date of the person's death rather than the date of the accident. 

It's important to act within this time frame, as failing to file a claim within the statute of limitations may result in the court dismissing your case, leaving you without legal recourse.  

Wrongful Death and Pool Accidents in Colorado 

In the unfortunate event that a swimming pool accident results in a fatality, the deceased person's family may have grounds to file a wrongful death claim. Under Colorado law, a wrongful death claim can be brought by the deceased's spouse, children, or designated beneficiaries. 

The compensation sought in a wrongful death claim may include several types of damages, such as: 

• Medical Expenses: Costs incurred for medical treatment prior to the death. 

• Funeral and Burial Expenses: The costs associated with laying a loved one to rest. 

• Loss of Financial Support: Compensation for the income that the deceased would have provided to their family. 

• Loss of Companionship: Compensation for the emotional and relational impact of losing a loved one. 

Just as in other personal injury cases, establishing liability in a wrongful death claim involves proving that the fatal accident was due to the negligence or misconduct of another party. This might involve demonstrating that the pool owner failed to maintain a safe environment, or that faulty equipment contributed to the accident. 

Given the complexity and emotional toll of wrongful death claims, it is highly advisable to seek the guidance of an experienced personal injury lawyer.  

How Downs, McDonough, Cowan & Foley Can Help 

At Downs, McDonough, Cowan & Foley, we understand the complexities involved in swimming pool accident cases. Our dedicated legal team can help you by: 

• Investigating the accident thoroughly 

• Gathering crucial evidence and witness statements 

• Consulting with medical and safety experts 

• Calculating the full extent of your damages, including medical costs, lost income, and pain and suffering 

• Negotiating with insurance companies on your behalf 

• Representing you in court if a fair settlement cannot be reached