Visiting a pool sounds like the perfect way to kick back, relax and bond with your children. Most of the time, the premises are safe thanks to attentive staff and lifeguards. Despite this, your children might still be at risk. Some pool hazards are notoriously difficult to spot, which means it is essential to know how to identify them and what legal steps you can take if they harm your child.
Delayed drowning
It might seem normal for your child to accidentally swallow some water while swimming, and in most cases, this is harmless. However, water can enter the lungs and irritate them, causing breathing problems up to 24-48 hours after leaving the pool. This is known as delayed drowning. Common symptoms to be wary of include:
- Persistent coughing or wheezing
- Rapid breathing, chest pain or trouble speaking
- Extreme fatigue or confusion
- Vomiting after coughing fits
Though delayed drowning is difficult to anticipate, pool operators have an obligation to protect their visitors. If your child struggles in the water for too long or ingests an unhealthy amount, they can become more at risk of delayed drowning.
Slip hazards
Children often know better than to run at full speed along wet surfaces, and parents can issue warnings or step forward to keep them out of harm’s way. The real danger comes from hazards that might make your child slip and suffer an injury, even if they are cautious or walking slowly. Falls along the side of the pool can lead to head injuries, fractures or concussions. Conditions that can make your child more likely to fall over include:
- Algae buildup on the poolside
- Broken or uneven tiles
- Improper drainage
- Missing traction strips
- Poor lighting
If you notice any of these hazards, report them to the staff as soon as possible and ask them to document the issue.
Contaminated pool water
While the chemical smell of chlorine might seem like a good thing, indicating clean water free of bacteria, you should be wary if the smell becomes too strong. A powerful smell is a potential indicator of chloramines, which form when chlorine mixes with sweat and urine. This can irritate your child’s eyes, cause skin reactions or trigger asthma symptoms.
Similarly, a lack of cleaning or a poorly maintained drainage system can lead to the contamination of pool water. Bacteria and stomach illnesses can easily spread in these conditions. If your child ingests this water, they might fall ill. Signs that pool water is dirty or improperly maintained include:
- Pool water that is cloudy enough to make it difficult to see the bottom
- Water that causes a burning sensation in the eyes
- Overwhelming chemical smell
- Loose or damaged drain covers
If your child faces serious harm due to a lack of proper maintenance or chemical treatment, you might have a premises liability case in your hands.
Can you take legal action if your child suffers an injury?
Pool operators have a legal responsibility to fix or warn visitors about any hazards within their premises. If your child receives an injury or illness due to any of the hazards listed above, you can file an injury claim.
Keep in mind that in New Mexico, you generally have three years from the date your child receives the injury to file a claim. State rules might extend this deadline in some cases, but exceptions apply. When filing, you will need to gather evidence that can establish the following conditions:
- How the incident occurred
- How the pool owner failed to protect your child
- How your child’s injury or illness connects to the incident
- The severity of your child’s condition and how it affects their life
To strengthen your claim, take photos of the hazard, keep receipts related to treatment and write down what the staff says while the details are fresh. If an injury occurs, request an incident report and gather witness names before you leave.
Protecting your child after an injury
It might feel terrifying to see your child get sick or hurt over factors beyond your control. Likewise, there are few things more infuriating than the negligence of other people harming your children. As difficult as the situation might seem, you are not out of options.
Personal injury claims can help you make up for costly medical expenses and trips to the hospital, allowing you to continue providing for your children as they recover. Likewise, taking action against negligent pool owners can potentially save other children.
By acting quickly, you can protect your child’s future and support their recovery – all while doing your part in preventing similar problems from happening to other families in the future.