When you think of spending the day at the pool, the last thing you expect is getting hurt or killed in a pool accident. We all know the dangers of drowning, but few people realize that there are underwater areas in the pool that can create a significant risk of harm or death. The strong suction force of pool drains can trap you underwater, drowning you or causing horrific injuries.

Who is Liable for a Swimming Pool Drain Accident?

As with other injuries, the person or company whose negligence caused the harm will be liable. Here are some examples of who might be responsible for a pool drain injury:

  • Pool owner. A swimming pool owner has a duty to ensure that the premises are not unreasonably dangerous. The pool owner should replace old drains with newer, safer drains, if possible. Regardless of the style of drain, the pool owner should warn guests and patrons of the risk of harm. This duty applies to owners of public or private pools.
  • Pool manufacturer. Companies that make pools are well aware of the problems of pool drains. If a manufacturer continues to build pools that contain the “old school” single, flat drains, the company can be liable for injuries that they could have prevented with newer designs.
  • Injured person or supervisor. Sometimes people do careless things. If the pool drains have clear warnings and people ignore the warnings and engage in horseplay around the drains, the owner might not be liable. If someone was supposed to supervise a child but was inattentive, that person might be liable for injuries to the child.

Proving Liability for Pool Drain Accidents

As you must do in every injury case, you need to establish the at-fault party’s liability. How you do so depends on who you are holding liable.
For example, if you are holding a pool owner liable, you must establish that he did not keep his property safe for visitors. To do so, we must prove that the drain was dangerous and that the pool owner should have replaced it with a safer, updated version.

If the at-fault party is the manufacturer, we must prove the product was dangerous or defective in some way.

Call Montero Law Center After a Pool Drain Accident

We love our swimming pools and spas in Florida. They are as much a part of the landscape as sand and palm trees. Please make sure your pool drains are as safe as possible and warn all pool users to stay clear of the drains.

However, despite our best efforts, accidents can happen. If you or a loved one has suffered injury from a pool drain, let a Fort Lauderdale product liability lawyer at Montero Law Center help. Please call us today at 954-767-6500 and we will set up a free consultation to discuss your case.