Compensation for Accidents in Swimming Pools
Are you looking to make a claim for a swimming pool accident?
If you have suffered an accident in a swimming pool, you should know that you have the right to receive compensation, however, this type of accident suffered on many occasions is caused by the negligence of the users, that is, by ignoring a security measure, a instruction or a rule has been flagrantly violated which has caused an accident to occur, if this is your case you should know that the chances of claiming compensation will be reduced and therefore will require the pertinent study of lawyers specialized in swimming pool accidents. At Masramon lawyers we have more than 20 years of experience in accident claims and we would be delighted to hear about your case and give you an adequate solution so that your right is restored and you are compensated.
On the other hand, it is important to clarify to our readers that, in Catalonia, swimming pools for public use are regulated by Decree 95/2000, of February 22, and that decree establishes, among other things, services, equipment, the authorizations and sanitary inspections in order to establish a sanitary regulation that tends to guarantee that the conditions of the swimming pool for public use and that these do not have a negative effect on people, said decree also establishes, what are the types of swimming pools that There are, first of all, there are: private swimming pools: they are all those for single-family use, which are in a community of neighbors with up to a maximum of 20 homes. Secondly, there are pools for collective use: that is, they are those that are not included in pools for private use, which gives a wide margin to establish which is a private or public pool. Having clear these extremes, we will be able to clearly know who we should claim compensation for an accident suffered in a swimming pool, since on many occasions those who suffer this type of accident do not know where to go or who to claim.
Compensation for Accidents in Public or Private Swimming Pools
In accordance with the provisions of Decree 5/2000, of February 22, swimming pools in Catalonia are divided into Public and Private, this is important to determine since it will allow us to know who to make a claim for compensation for a swimming pool accident, which according to our experience tend to be, for example: slipping next to the pool, slipping on the stairs, hitting the edges of the pool, deep cuts caused by the little maintenance that is done to the tiles with which the deck is covered. swimming pool.
Pool accidents usually occur regularly in the summer months, and on many occasions the accidents can even end with the death of the person. That is why all swimming pools, whether public or private, have the obligation to keep their facilities in good condition, and thus avoid accidents that can end in irreparable losses.
In this line, it is necessary to highlight that, according to our experience, the most common accidents in public swimming pools are usually involved with minors or older adults due to the fragility and dependency they usually have. The most common cases are usually related to the surveillance of the lifeguards, due to lack of personnel or lack of preparation, also due to the little maintenance that is done to the facilities or because the pool is not properly marked with the security measures that users must adopt. The responsibility on whom falls the obligation to indemnify in the event of an accident in public swimming pools falls on the public administration, that is, the city council, the council, etc.
In the event that we suffer an accident in a private pool, then it will be the owner of said pool who will respond with compensation for the accident suffered, however, it must be emphasized that being able to prove guilt is a task that must be delegated to collection lawyers of compensation for swimming pool accidents.
What should I do if you have suffered an accident in a swimming pool?
In pool accidents, accidents are usually related to drowning (due to poor signaling of the depths of the pool) with deep cuts or bruises. When this happens, we must immediately call the paramedics to help us and to certify the reason for the health care they provide us.
When the accident occurs, generally the people who have witnessed it tend to photograph or take video of what has happened, this given that almost all people have mobile phones and therefore it will be necessary to collect and obtain the largest number of photographs or, where appropriate, videos that demonstrate how the accident in the pool has happened.
Another means of proof that we need is the testimony of witnesses who were at the scene of the accident, said 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 administration if applicable.
In public swimming pools, there is a mechanism to claim through a diver or a sheet so that the user can complain. In this case, it is recommended that you use said mechanism to report the facts of the accident and thus be able to have another means of proof that may be assessed in order to obtain compensation for the accident suffered.
Frequently Asked Questions about Pool Accident Compensation
If surveillance and rescue services are available in the area, seek help at the nearest emergency station. If surveillance and rescue services are not available, depending on the seriousness of the situation, call the emergency number 112. If the condition is not serious, go to the nearest health center.