Licensed in Missouri and Kansas

Pool Safety

Pool season is here and with it the risks and dangers of swimming. Pool injuries are common, but those resulting from someone else's negligence should be preventable. Here are a few types of pool injury claims we see in our practice and how to prevent them.

Hitting the Bottom of the Pool

Many injuries stem from someone mistaking a pool's depth and hurting themselves from striking the bottom. Because such injuries are common, a pool's depth must be prominently displayed and easily understandable. If diving or jumping is not allowed, there must be signs to that effect around the pool. If there are no such signs, or if the depth signage is not easily seen, then the pool owner can be held responsible for injuries from hitting the bottom of the pool.

Slips and Falls Outside the Pool

Pools are wet and water gets out of the pool onto the area around it. People walk around the pool and through the water. For these reasons, the surface of the area around the pool must have some kind anti-slip properties. For example, slightly rough concrete provides decent friction when wet, as does some woods surfaces. But if the surface is too smooth, it can get too slippery and present an unnecessary hazard when wet. When this happens, and someone slips, falls, and injuries themselves, the pool owner can be liable for the damages.

These two types of claims are only possible if the injured person was being careful. If the person was acting recklessly, like ignoring signs, not checking the water before jumping in, or running around the pool area, they likely will not have a viable claim. Comparative fault may be too great to obtain any recovery.

Please stay safe this pool season and be careful when swimming. If you own a pool, please make sure your pool has adequate signage and the area around the pool is not too slippery when wet.

Contact the firm for any questions or legal guidance.