When Can You Make A Swimming Pool Accident Claim?

Have you or a loved one been injured in a swimming pool accident caused by the operator’s breach of duty? If so, you might be able to begin a swimming pool accident claim.

Our team can assess your personal injury claim for free if you get in touch. If you have a valid claim, you could be connected to a specialist solicitor from our panel so they can manage your claim for you. Please continue reading to find out more.

Key Takeaways

  • Swimming pool operators owe all customers and visitors a duty of care towards their well-being. If that duty is breached, and you suffer as a result, you might be entitled to begin a compensation claim.
  • Evidence will need to be supplied to prove your claim is valid.
  • If the claim is won, you could receive compensation to cover any suffering you’ve endured. This could include any pain and suffering as well as any financial losses you’ve incurred.
  • If you instruct a No Win No Fee solicitor from our panel, they could represent you through a Conditional Fee Agreement CFA meaning no fees are needed for their service upfront.

If you have any questions about swimming pool accident claims or would like to discuss your case, you can call 0800 408 7825 or contact us online.

Swimming Pool Accident Claim

A Swimming Pool Accident Claim Guide

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How Public Interest Lawyers Could Help You With A Swimming Pool Accident Claim

If you wish to start a public liability claim following an accident in a swimming pool, please feel free to speak to us for free advice. One of our specialists could assess your claim on a no-obligation basis to see if you have a valid claim.

If your case meets the eligibility criteria, you could be connected to a No Win No Fee solicitor from our panel. Between them, our panel of solicitors has years of experience in handling all sorts of personal injury claims.

Some of the services they could provide in a swimming pool accident claim include:

  • Helping you to find the evidence to support your claim.
  • Valuing the amount of compensation you could be entitled to.
  • Answering your questions and explaining any technicalities.
  • Providing regular updates about your claim.
  • Ensuring your claim is filed correctly.

If you’re looking to instruct a lawyer for a swimming pool accident, why not call us first and let us assess the validity of your claim for free?

Eligibility Criteria When Claiming Swimming Pool Accident Compensation

Swimming pool operators have a legal duty of care towards the health and safety of all swimmers and visitors. This legal obligation comes from the Occupiers’ Liability Act 1957.

Essentially, the duty of care means the pool’s operator must take steps to keep visitors using the space for its intended purpose reasonably safe. These steps could include:

  • Checking the pool’s water quality regularly.
  • Providing adequate safety training for all staff, including lifeguards.
  • Conducting risk assessments regularly of the pool, the surrounding area, and changing rooms.
  • Ensuring adequate safety signs are in place to advise swimmers of any potential dangers.

You might be entitled to make a personal injury claim following a swimming pool accident if:

  • At the point you were injured, you were owed a duty of care by the pool’s operator (the defendant).
  • The defendant breached their duty of care and, in doing so, caused you to have an accident.
  • As a result, you were injured or became ill.

If you believe you have a valid swimming pool accident claim, find out how to claim now by speaking to a member of our team today.

How Long Do You Have To Claim For A Swimming Pool Accident?

In law, the time limit for public liability claims is 3 years. This time limit is set by the Limitation Act 1980. Generally, if an adult is injured in a swimming pool, their limitation period will start from the date of the accident.

However, there are some exceptions to this rule. They include:

  • If a child is injured, their time limit does not start until their 18th birthday as they cannot make their own claim while they are a minor. A litigation friend, such as a parent, could claim on behalf of the child at any point before then.
  • Where an adult lacks the mental capacity to manage a claim is injured, there is no time limit as they cannot make a claim for themselves. Again an appointed litigation friend could act on the claimant’s behalf when they are not able to pursue a claim themselves. If the claimant regains mental capacity, then the time limit begins from the recovery.

If this is something you’re considering or if you’d like to confirm how long you have left to begin a swimming pool accident claim, please feel free to call.

What Are The Most Common Causes Of Swimming Pool Accidents?

In this section, we’ve included some examples of accidents that could lead to a swimming pool accident claim. Remember, to be entitled to claim, you must have been injured because the pool’s operator breached their duty of care in some way.

  • Slips, trips and falls. While water around the poolside is an obvious risk factor, operators should try to reduce the risk as much as possible. You might be entitled to claim, for example, if you sustained a head injury after slipping and falling in the changing room that had recently been cleaned but there were no warning signs in place.
  • In some cases, a lack of warning signs could be deemed a breach of duty in a personal injury claim. For example, you could claim if you sustained a fractured ankle after jumping into the shallow end of the pool because there were no signs to indicate the water’s depth.
  • You may also be able to claim if you were injured after your hair or a limb was sucked into the pool’s drains because they were faulty or poorly maintained.
  • Chemical burns could lead to a compensation claim if the operator of the pool had used too much chlorine or other chemicals.
  • Claims for legionella, E.coli and other illnesses caused by contaminants in the pool could be claimed for if you can prove that there was a lack of quality checks.

If you believe you have a valid swimming pool accident claim, please get in touch.

How Much Compensation Could You Receive From A Swimming Pool Accident Claim?

If your swimming pool accident claim is won, you might receive a payout to cover any form of suffering you’ve endured.

General damages, the first head of loss that could be part of the overall payout, cover any physical or mental suffering caused by your swimming pool accident. Legal professionals including the solicitors from our panel may check the Judicial College Guidelines (JCG) to help value any general damages you might be entitled to. The JCG lists guideline compensation ranges for many different injuries.

The compensation table below provides a few injuries and compensation guidelines from the JCG that might be relevant in swimming pool accident claims. However, each claim is unique so the amounts listed are only to be used as guidance.

Compensation Table

Type of Injury Severity Compensation Guidelines Additional Information
Brain Damage Very Severe £282,010 to £403,990 The claimant will require full-time nursing care and there will be little (if any) response to environment and no language function.
Moderately Severe £219,070 to £282,010 Very serious disabilities will leave the claimant highly dependent on others. Covers both cognitive and physical disabilities.
Digestive System Illness/Damage Resulting from Non-traumatic Injury (b)(i) £38,430 to £52,500 Where the claimant is admitted to hospital for some time because of severe toxicosis leading to vomiting, acute pain, fever and diarrhoea.
Illness/Damage Resulting from Non-traumatic Injury (b)(ii) £9,540 to £19,200 Serious but short-lived symptoms such as diarrhoea and vomiting. Also covers longer-term discomfort and disturbance of bowel function.
Hand Severe Fractures to Fingers (f) Up to £36,740 These may lead to partial amputations and result in deformity.
Ankle Severe (b) £31,310 to £50,060 The level of the award within the bracket will be determined in part by such features as a failed arthrodesis.
Leg Severe Leg Injuries (b)(iv) £27,760 to £39,200 Leg injuries such as multiple fractures are included in this bracket
Knee Severe (iii) £26,190 to £34,460 Degenerative changes and the need for remedial surgery may occur.
Toes Serious (d) £9,600 to £13,740 Covers multiple fractures of two or more toes and similar injuries.
Wrist Fracture (e) Around £7,430 Where the claimant suffers and uncomplicated Colles’ fracture of the wrist.

Can Financial Losses Make Up Part Of My Swimming Pool Accident Compensation?

The second head of loss that may form part of your overall compensation payout is called special damages. This is an award for any financial losses linked to your injuries.

For example, your settlement could cover:

  • Medical and rehabilitation costs.
  • Lost earnings for any time you needed to take off work as a result of your injuries.
  • Care and support at home.
  • Travel costs.

You will need to provide proof of any costs you claim such as wage slips or receipts.

We are happy to estimate the value of your claim for free so please call the number a the top of the page.

What Evidence To Collect After A Swimming Pool Accident?

The importance of providing evidence in a swimming pool accident claim cannot be understated. That’s because it can help to prove why your accident occurred, who was responsible for it and how you’ve suffered as a result. These are all important stages of the personal injury claims process.

The types of evidence you could provide include:

  • CCTV footage of the accident if it was caught on camera.
  • Details of any medical appointments you needed to attend because of your injuries.
  • Contact information for any potential witnesses.
  • A copy of an accident report form relating to the accident.
  • Photographs of any visible injuries plus photos of any obvious cause of your accident.

If you have a valid claim and are accepted by one of the solicitors from our panel, part of their service may include collecting evidence. This might include copies of your medical records and witness statements to further strengthen your case.

To check whether your claim is valid, please feel free to contact our team today.

Use A No Win No Fee Swimming Pool Accident Lawyer To Claim

Using a specialist solicitor to help you claim compensation can make things a lot easier and less stressful.

Importantly, the solicitors from our panel offer a No Win No Fee service for any claim they take on. They do this by working under a Conditional Fee Agreement (CFA). The CFA means that:

  • You don’t pay for your solicitor’s work in advance, during the claims process or if the claim is lost.
  • A small percentage of any compensation you receive will be deducted as a success fee if the claim is won.

The success fee percentage is legally capped so you can rest assured that you’ll still receive the bulk of any compensation payout.

To see if you could make a No Win No Fee swimming pool accident claim, you can:

More Resources About Public Liability Claims

In this last section of our guide, we’ve added links to some more of our guides:

Finally, here are some helpful external resources:

For further information on how to make a swimming pool accident claim, please contact a member of our team.