Compensation for Accidents in Swimming Pools
Are you looking to file a claim for a pool accident?
If you have suffered an accident in a swimming pool, you should know that you are entitled to compensation. However, these types of accidents are often caused by user negligence, such as ignoring a safety measure or instruction, or blatantly violating a rule. If this is your case, you should be aware that the chances of claiming compensation are low, and therefore, you will need to consult with lawyers specializing in swimming pool accidents. At Masramon Abogados, we have over 20 years of experience in accident claims and would be happy to review your case and provide you with the appropriate solution to ensure your rights are restored and you receive the compensation you deserve.
Furthermore, it is important to clarify for our readers that, in Catalonia, public swimming pools are regulated by Decree 95/2000, of February 22nd, and this decree establishes, among other things, the services, equipment, authorizations and health inspections with the aim of establishing health regulations that tend to guarantee that the conditions of the public swimming pool do not have a negative effect on people. This decree also establishes what types of swimming pools exist. Firstly, there are: private swimming pools: these are all those for single-family use, which are in a community of neighbors with up to a maximum of 20 dwellings. Secondly, there are public swimming pools: these are pools that are not considered private pools, which allows for a broad definition of what constitutes a private or public pool. With these distinctions clear, we can determine who to contact for compensation for an accident suffered in a swimming pool, as those who suffer such accidents often don't know where to turn or who to claim against.
Compensation for Accidents in Public or Private Swimming Pools
According to Decree 5/2000 of February 22, in Catalonia swimming pools are divided into Public and Private. Determining this is important because it allows us to know who to claim compensation from for pool accidents, which, in our experience, usually include: slipping next to the pool, slipping on the steps, hitting the edges of the pool, and deep cuts caused by poor maintenance of the pool tiles.
Pool accidents are most common during the summer months, and in many cases, these accidents can even result in death. Therefore, all pools, whether public or private, have an obligation to maintain their facilities in good condition to prevent accidents that can lead to irreparable losses.
In this regard, it is important to highlight that, in our experience, the most common accidents in public swimming pools usually involve minors or the elderly due to their vulnerability and dependence. The most frequent causes are related to lifeguard supervision, either due to insufficient staff or inadequate training, as well as poor maintenance of the facilities or inadequate signage indicating the safety measures users should follow. The responsibility for providing compensation in the event of an accident in a public swimming pool falls on the public administration, such as the city council, provincial council, etc.
In the event of an accident in a private swimming pool, the owner of the pool will be responsible for providing compensation for the accident. However, it is important to emphasize that proving fault is a task that should be delegated to lawyers specializing in collecting compensation for swimming pool accidents.
What should I do if I have had an accident in a swimming pool?
In pool accidents, the accidents are usually related to drownings (due to poor signage of the depths of the pool) with deep cuts or with contusions, when this happens we must immediately call the paramedics to help us and to certify the reason for the health attention that they provide us.
When an accident occurs, people who witness it usually take photographs or videos of what happened. This is because almost everyone has a mobile phone, so it will be necessary to collect and obtain as many photographs or videos as possible to demonstrate how the accident happened in the pool.
Another means of proof that we need is the statement of witnesses who were at the scene of the accident; these testimonies must record the greatest number of details and specifications of the accident in order to prove that the mishap we have suffered has been caused by the negligence of the owner or the administration as the case may be.
In public swimming pools, there is a mechanism for filing a complaint through a diver or a form for the user to complain. In this case, it is recommended that you use this mechanism to describe the facts of the accident and thus have another means of proof that can be assessed to obtain compensation for the accident suffered.
Frequently Asked Questions about Pool Accident Compensation
If lifeguard and rescue services are available in the area, seek help at the nearest emergency station. If lifeguard and rescue services are not available, depending on the severity of the situation, call the emergency number 112. If the situation is not serious, go to the nearest health center.
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