Albuquerque Swimming Pool Accident Lawyers

New Mexico Swimming Pool Accidents

A swimming pool accident is any incident in which someone is injured in or around a pool due to unsafe conditions, negligence, or improper supervision. These accidents can range from slips and falls on wet surfaces to fatal drownings.

They occur at various locations, including private homes, public pools, hotels, and water parks throughout New Mexico. Understanding what qualifies as a swimming pool accident under New Mexico premises liability law is essential for determining liability and seeking appropriate compensation.

Types of Swimming Pool Accidents

Swimming pool accidents can range from minor injuries to life-threatening incidents. Common accidents that occur in and around swimming pools include:

Drowning or Near-Drowning

Drowning or near-drowning incidents are among the most serious and tragic outcomes of swimming pool accidents. In many cases, drowning occurs due to inadequate supervision, faulty pool barriers, or a lack of safety equipment. Near-drowning incidents, where the person survives after being submerged, can lead to devastating consequences like brain damage due to oxygen deprivation or cognitive impairments.

Slip-and-Falls

Slip-and-fall injuries are common around swimming pools, where wet surfaces, slick tiles, and uneven pool decks create hazards. These accidents can cause broken bones, sprains, cuts, and even head injuries, especially if a person slips and falls into or near the water.

Diving Accidents

Diving accidents often occur when pools are too shallow for safe diving, and no clear signage indicates this. Head, neck, and spinal cord injuries are common in these accidents, and the impact can lead to life-altering consequences, including paralysis.

Chemical Injuries

Improperly balanced pool chemicals, such as chlorine and pH levels, can cause severe health problems. Swimmers exposed to excessive chlorine levels can suffer from skin irritation, rashes, eye damage, or respiratory issues.

Entrapment

Entrapment occurs when a swimmer, typically a child, becomes stuck due to a powerful suction force created by pool or spa drains. If the drain covers are missing or broken, this can create a dangerous vacuum effect that traps the swimmer’s hair, limbs, or clothing.

Swimming Pool Injury Risk Factors

Several factors significantly increase the likelihood of swimming pool accidents, putting swimmers and visitors at greater risk for serious injury. Many of these risks stem from negligent behavior, poor pool maintenance, or inadequate safety precautions, such as:

Lack of Supervision

Lack of supervision is a leading cause of swimming pool accidents, particularly for children. Adequate supervision means staying within arm’s reach of young children and ensuring that all swimmers are being actively observed. 

Inadequate Fencing or Barriers

Fencing and other barriers around pools are crucial for preventing unauthorized access, especially by young children. Like many other states, New Mexico law requires pools to be enclosed with fences at least four feet high, self-closing gates, and locks. 

Poor Maintenance

Negligent pool maintenance can result in numerous hazards. Broken or loose ladders, faulty lighting, malfunctioning pool drains, chemically imbalanced water, and sharp or deteriorated surfaces around the pool can cause serious injuries.

Alcohol Use

Alcohol consumption significantly increases the likelihood of accidents around swimming pools, particularly among adults. Alcohol impairs coordination, judgment, and reaction time, making it dangerous to swim or dive under its influence. If an accident occurs due to alcohol use, the responsibility may partially fall on the property owner if alcohol consumption was allowed in unsafe conditions.

Swimming Pool Injuries

Swimming pool accidents can lead to various injuries, ranging from minor scrapes to life-altering health issues. The severity of these injuries often depends on factors like the type of accident, the age and health of the victim, and whether proper safety measures were in place. Common injuries include:

• Drowning & Near-Drowning: Oxygen deprivation can lead to brain damage or death.
• Head & Neck Injuries: Diving into shallow water or slip-and-fall accidents can cause traumatic brain injuries or spinal cord damage.
• Broken Bones: Falls on slippery surfaces or other accidents can lead to fractures.
• Burns or Respiratory Issues: Improper pool chemical handling can result in burns or respiratory problems from toxic fumes.

Who Is Liable for a NM Swimming Pool Accident?

In New Mexico, pool owners must legally keep the pool area safe for visitors. This means they must implement proper safety measures, such as installing fencing, providing clear warning signs, and ensuring the pool is well-maintained. Liability for swimming pool accidents can fall on different parties, including:

• Private Pool Owners: Homeowners with private pools are responsible for ensuring their guests’ safety by maintaining a secure environment and addressing potential hazards.
• Public Pool Operators: Public pools, like those at hotels, water parks, or community centers, are subject to strict safety regulations. Failure to comply with these regulations can result in liability for accidents.
• Product Manufacturers: If faulty pool equipment or a defective maintenance system causes an accident, the manufacturer of those products may be held responsible.

When a pool owner or operator fails to meet their safety obligations and an accident occurs, they can be held liable under New Mexico’s premises liability law. Determining liability often requires a detailed investigation, which is where an experienced lawyer can provide invaluable assistance.

Premises Liability in Swimming Pool Accidents

Premises liability cases involving swimming pool accidents often stem from:

• Failure to Secure the Pool Area: Failing to install proper fencing, gates, or locks, allowing children or others to access the pool unsupervised.
• Poor Maintenance: Neglecting to maintain the pool or surrounding area can lead to slip-and-fall hazards or dangerous water conditions.
• Inadequate Warnings: Not posting clear signage about shallow areas, slippery surfaces, or chemical usage.

Liability extends to both private and public pool owners. However, the circumstances of each case may vary, and proving negligence can require a detailed investigation. In these examples, the property owner’s negligence can result in serious injury or even death.

Compensation after a New Mexico Swimming Pool Accident

You may be entitled to compensation if you’ve been injured in a swimming pool accident due to someone else’s negligence.  At The Law Giant, we are dedicated to helping victims pursue compensation for:

• Medical Expenses: Covering the cost of emergency care, surgeries, rehabilitation, and any future medical needs.
• Lost Wages: If your injuries prevent you from working, you can recover compensation for lost income and future earning potential.
• Pain and Suffering: Serious injuries often cause physical and emotional distress, which can be factored into your claim.
• Wrongful Death: In tragic cases, families may be entitled to compensation for the loss of a loved one.

The value of your claim will largely depend on the severity of your injuries, the impact on your daily life, and any long-term effects. More severe injuries, such as spinal cord damage or traumatic brain injuries, often lead to higher compensation due to extensive medical treatment, ongoing care, and the emotional toll on your life.

Our experienced legal team will fight for your rights, hold negligent parties accountable, and ensure you receive the compensation you deserve to recover and rebuild your life.

A Swimming Pool Accident Lawyer Can Help

After a swimming pool accident, dealing with medical expenses, lost wages, and ongoing pain can feel like too much to bear. A skilled swimming pool accident lawyer at The Law Giant can make a crucial difference by:

• Investigating the accident: We will gather evidence, review safety reports, and consult with experts to determine liability and the cause of your injuries.
• Proving negligence: Establishing that a property owner or another party failed to maintain safe conditions is critical to securing compensation.
• Negotiating with insurers: Insurance companies may try to minimize your compensation, but your attorney will advocate for the full amount you deserve.
• Calculating damages: We will assess your economic and non-economic losses, including medical bills, lost income, pain and suffering, and future care needs.
• Representing you in court: Our team will take your case to trial and fight for your rights if a fair settlement isn’t reached.

Let our experienced lawyers handle the legal complexities while you focus on getting better. Contact us today for a free consultation and to discuss your path to justice.

Hurt at an Albuquerque Swimming Pool? The Law Giant Wins Big

A swimming pool accident can have devastating effects. Don’t face them alone. At The Law Giant Injury Lawyers, we have the experience to hold negligent property and pool owners accountable and fight for all the compensation you deserve.

We offer free consultations and work on a contingency basis, so you won’t pay unless we win your case. Contact The Law Giant at (505) 900-0000 or contact us online to schedule your free consultation and take the first step toward recovery.