Can I Make A Swimming Pool Accident Or Illness Claim?

Visiting a swimming pool is an enjoyable leisure activity for many people. Many people swim regularly to keep fit or take part in watersports activities. What’s more, parents often take their children swimming as an enjoyable leisure activity. However, swimming is not without its risks. Therefore, establishments should implement health and safety standards to prevent swimming pool accidents or illnesses from happening.

Swimming pool accident or illness claim guide

Swimming pool accident or illness claim guide

Public and private swimming pools owe swimmers and members of staff a duty of care. This means that they are responsible for ensuring that the pool is a safe and hygienic environment for visitors and employees. Therefore if the proprietors of a swimming pool act negligently, and cause a swimming pool accident, what happens? This means that the swimming pool occupier could be held liable for any injuries caused by an accident. Therefore, they would have to pay the injured party compensation.

Advice.co.uk can be of assistance if you have suffered a swimming pool illness or injury that was not your fault. We can offer you free legal advice about making a swimming pool injury claim for compensation. What’s more, we can connect you with a personal injury solicitor to handle your compensation claim.

To begin your claim for a swimming pool injury compensation payout, contact us using the details below. Alternatively, read the rest of this guide to learn more.

Select A Section

A Guide On Making A Swimming Pool Accident Or Illness Claim

Swimming is an enjoyable activity for many people and a great way to keep fit. There are different types of swimming pools available to the public. These include pools in private establishments such as health clubs and hotels. On the other hand, local authorities also operate swimming pools that are open to the public. And you can also find swimming pools in private homes. Individuals may be eligible to claim compensation if they have been injured because of an accident at a pool that was not their fault.

This guide will look at claiming compensation for an illness or injury caused by a swimming pool accident. We will also look at how accidents at swimming pools, such as a slip or trip incident, can happen. And we will answer questions such as, “Can swimming in a pool make you sick?” Or “What bacteria is found in swimming pools?” We have also included a compensation amounts table to help you calculate how much compensation you could be owed.

For free legal advice about making a compensation claim for a swimming pool illness or injury, contact Advice.co.uk today. We will be happy to advise you on making a compensation claim. And what’s more, we can appoint a personal injury solicitor from our panel to work on your claim to make sure you receive the compensation you deserve.

Swimming Pool Accident Or Illness Compensation Calculator

The table below can be used to calculate how much compensation your claim could be worth. The compensation amounts included in the table are based on Judicial College guidelines for personal injury claim payouts.

Type Of Injury / IllnessSeverityComments On This InjuryEstimated Damages
Brain DamageVery SevereWhat damages are awarded depends on factors such as; the degree of insight the claimant has, their life expectancy, any physical limitations they have suffered and any effects on their senses. Other factors effecting a claim could also be how well they can communicate and if their behaviour has been changed. £264,650 - £379,100
Brain DamageModerately SevereWhat damages are awarded depend on the same factors as the above category. Damages could also take account of things such as future loss of sight.£205,580 - £264,650
Brain DamageModerate (i)This category is distinguished from the above category by claimants having markedly lower degrees of dependence on another person.£140,870 - £205,580
Brain DamageLess SevereWhilst the claimant may not regain all of their prior functions, cases at this level are not as severe. £14,380 - £40,410
IllnessesSevere illnessIncluding illnesses which may have cause symptoms including acute and serious pain. Claimants could suffer diarrhoea and sickness. These cases will require hospital care.£36,060 - £49,270
IllnessesSerious illnessThe effected person could experience similar symptoms to the person above. However, this persons sickness or illness should be shorter lived. It should also not be as serious. £8,950 - £18,020
IllnessesFood Poisoning / Related illnessIncluding food related illnesses, e.g. food poisoning. These could cause claimants to suffer significant symptoms. They may also have experienced serious levels of discomfort. £3,710 - £8,950
IllnessesIllnessIn this bracket illnesses will have caused less harm to claimants.£860 - £3,710
Wrist Injury(a)The injury could cause the person to have lost all function in their wrist. An arthrodesis will have been performed.£44,690 - £56,180
Wrist Injury(b)The wrist injury will result in the person having a significant (and permanent) disability in the wrist joint. There should still be some useful movement in the joint.£22,990 - £36,770
Wrist Injury(c)A less severe wrist injury could still leave the person with some degree of permanent disability.£11,820 - £22,990

Please be aware that we have only listed general damages above. We have not included special damages in this compensation table. How much compensation you could receive may vary depending on your individual situation. We can offer you free advice about how much compensation you may be owed and how to make a swimming accident claim. Call Advice.co.uk to speak to a claims advisor and find out more.

What Are Special Damages?

If your compensation claim is successful, you will receive general damages compensation and special damages compensation. Let’s look at what this means in more detail. General damages are compensation for the physical pain the injured person has suffered. In addition, special damages are compensation to reimburse the injured person for any financial losses they have endured after becoming injured.

You can claim special damages to reimburse you for the following expenses:

  • Medical expenses, including the cost of medication, an operation or physiotherapy
  • Reimbursement for loss of income
  • Care expenses
  • Travel expenses

In the event that you become disabled as a result of your accident in a swimming pool, you can claim special damages to compensate you for the following:

  • Mobility equipment expenses
  • Home adaptation expenses
  • Funds for adapting your car

What Is A Swimming Pool Accident Or Illness?

A swimming pool accident is an unwanted incident at a swimming pool, which results in injury or illness. Swimming pool accidents and injuries can happen to adults or children. Some swimming accidents are minor, such as slipping on the poolside and grazing your knee. However, some accidents can result in serious injuries or even death.

Swimming comes with inherent risks. To avoid swimming pool accidents and injuries, swimmers must behave safely and responsibly. Similarly, parents and guardians of children must always supervise them when they are in the water. However, under the Occupiers Liability Act 1957, swimming pool operators are responsible for the health and safety of the people who use their premises. This includes swimmers, employees and other visitors.

To uphold their duty of care towards the public, swimming pools must maintain their premises to a safe and hygienic standard. This means treating the water to avoid illnesses such as; E. coli, salmonella, campylobacter, legionella, pseudomonas or the norovirus. They must also maintain the premises. For example, repairing loose pool tiles to avoid causing trip and fall accidents.

Moreover, swimming pools must ensure that employees such as lifeguards and swimming teachers have the certifications and training to protect swimmers. Furthermore, it is a good idea for pools to provide essential first aid equipment such as spinal boards or a defibrillator. These can save a person’s life in a medical emergency.

Types Of Swiming Pool Accidents Or Injuries

The following hazards can cause an accident in a swimming pool, leading to illness or injury. Any hazards must be corrected, removed or repaired as soon as possible to prevent accidents.

  • Cracked floor tiles can cause a trip accident.
  • Wet floors can cause a slip accident.
  • A lack of signage warning swimmers about the depth of the pool can result in children or non-swimmers drowning.
  • Faults with the water filtration system, which can cause the pool water to become dirty.
  • Or faults in the pool’s drainage system, whereby a swimmer can be sucked into the system.
  • Putting too much chlorine in the pool, which can lead to injuries. This includes chemical burns, eye and skin irritation.
  • Neglecting to treat the water with chlorine, or a UV filter, which can cause illnesses.
  • Lifeguards not being given the correct equipment or training.

We will now look at common pool accidents which can take place in more depth.

Slips And Trips At A Swimming Pool

Slipping and tripping are serious hazards at a swimming pool. A slip or trip accident may result in minor injuries including sprain or strain. However, falling can also result in serious injuries. These can include broken bones or damaged teeth. Spinal injuries can also happen if a swimmer falls backwards.

How do slipping accidents take place? Water from the pool can make the poolside tiles slippery when wet. Similarly, shower areas in the changing rooms can also be slippery. Swimming pools can do the following to help avoid slipping accidents. Firstly the staff can mop the poolside regularly, particularly when the poolside is excessively wet. Secondly, the pool can have warning signs that floors may be slippery. And finally, lifeguards can warn swimmers not to run by the pool. Young children may be in particular need of this guidance. Failure to provide these safety precautions can be seen as negligence.

Similarly, trip and fall accidents are also a risk at a swimming pool. For example, swimmers and employees can trip over if a tile is cracked, loose or damaged. Or tripping accidents can take place if the equipment is left on the floor. Swimming pools are responsible for fixing or replacing any faulty floor tiles immediately and ensuring that equipment such as floats or pool noodles is stored correctly.

Spinal And Head Injuries

When we think of serious injuries at a swimming pool, we may think of drowning incidents in the deep end. But, the shallow end can be equally dangerous, if misused. Diving headfirst into the shallow end of a swimming pool is extremely dangerous. As is performing a summersault. At worst, it can result in severe traumatic head injuries. Or spinal injuries that can mean the person is paralysed for life.

How can pools protect swimmers from suffering spinal injuries and head injuries? Swimming pools are supposed to have adequate signage to mark the shallow end and deep end of the pool. In addition, they should have warning signs advising people against diving into the shallow end. Lifeguards are also responsible for enforcing the pool rules, to avoid such accidents.

Cuts And Lacerations

Other swimming pool injuries include cuts and lacerations. Broken glass or broken floor tiles can cause cuts, lacerations and other types of wounds that break the skin. These cuts can become infected if they are not treated. What’s more, if contaminated pool water gets into the cut, this can worsen the infection.

Cut and laceration injuries can be prevented by clearing up any debris around the pool. And by fixing any disrepair immediately. What’s more, pools should be equipped with first aid kits to provide immediate care to swimmers or employees who have been injured. This can help to prevent infection.

Diseases And Illnesses

Can swimming in a pool make you sick? Yes, unfortunately, illnesses can spread in a swimming pool that has not been properly treated with chlorine. Swimming pools can also be treated with other suitable chemicals or UV lights. So what bacteria is found in swimming pools? Swimming pools can contain bacteria that cause the following illnesses:

  1. Escherichia coli, also known as E. coli, is a type of bacteria that lives in the stomachs of humans and animals. It is normally harmless, but some strains of E. coli bacteria can cause vomiting, bloody diarrhoea and stomach cramps.
  2. Salmonella is a sort of bacteria that can cause an illness known as salmonellosis. Symptoms of which include diarrhoea, vomiting, fever, chills and stomach cramps.
  3. Campylobacter is bacteria that cause gastroenteritis. This is an infection of the gut, which leads to stomach cramps, vomiting and diarrhoea.
  4. Legionella is a type of bacteria that causes several illnesses collectively referred to as legionellosis. This includes legionnaire’s disease, which is a type of pneumonia. And Pontiac fever, which has flu-like symptoms.
  5. Pseudomonas are bacteria that can cause lung infections. Individuals who have a pre-existing lung condition are usually more vulnerable to Pseudomonas than others.
  6. Norovirus is also known as the winter vomiting bug. It is a very contagious virus. Symptoms include a high temperature, an aching feeling, vomiting, diarrhoea and headaches.

Swimmers can also prevent the spread of swimming pool illnesses by staying at home if they have recently had any of these symptoms.

Fatal Swimming Pool Accidents

Unfortunately, many people misunderestimate the dangers of swimming pools. For example, drownings can happen if non-swimmers or weak swimmers are left unattended in a pool. Similarly, guests at hotels or resorts may get into trouble if they swim after drinking alcohol or taking recreational drugs.

Children are sometimes left unattended around swimming pools. Sadly children can become curious and get trapped under the cover and drown. Accidents can lead to avoidable and tragic deaths.

Educating the public about the dangers of using a swimming pool improperly can help to prevent drownings. However, establishments can also prevent fatal swimming pool accidents by having a lifeguard on duty. In addition, hotels, campsites and resorts can take security precautions to ensure that guests can’t access the pool when it is not in operation.

Swimming Pool Staff Accidents

Swimming pool staff can also experience accidents at work. Under the Health and Safety at Work Act 1974, employers owe their employees a duty of care. This means that workplaces should be safe environments for employees. Furthermore, employers must make sure that employees have adequate training to carry out their tasks safely. And employees must be supplied with the correct personal protective equipment (PPE)  if they have to carry out a hazardous task.

You may be eligible to claim accident at work compensation if you are a swimming pool or leisure centre worker who was injured in an accident that was not your fault. Contact Advice.co.uk for free legal advice about swimming pool accident or illness compensation claims today.

Accident, Injury Or Illness Claims For Children

Seeing a child become injured or made ill, is a distressing experience for any parent or guardian. Can your child claim compensation if they were injured or made ill, in a swimming pool accident that was not their fault? Children cannot claim compensation until they have turned 18 years old. After that, they will have three years from their 18th birthday to claim compensation.

Alternatively, a parent or guardian can act as a litigation friend on the child’s behalf. This means that they make decisions for the child when a personal injury claim is made. The compensation payout is held in trust until the child is 18 if the claim is successful. Call Advice.co.uk today, to enquire about claiming compensation for a child’s accident in a swimming pool.

Make A No Win No Fee Swimming Pool Accident Or Illness Claim

Conditional Fee Agreements are also known as No Win No Fee Agreements which are what solicitors can use to allow claimants to fund their fees. This is a contract between you and your personal injury lawyers that states that they must meet certain conditions in order to receive payment. Usually that your claim is successful.

With a No Win No Fee agreement;

  • You won’t have to pay upfront or hourly legal fee
  • And you will only pay a success fee if your compensation claim is successful
  • Won’t be asked to pay your solicitors at all if your claim is unsuccessful
  • Your success fee will be charged at a legally capped rate, which means that the majority of the compensation payout will go to you.

To learn more about making a claim with a  No Win No Fee solicitor, please read our online guide.

Contact Us

Advice.co.uk can offer you free legal advice if you have been experienced a swimming pool accident or illness that was not your fault. What’s more, we can appoint a skilled panel of solicitors to start working on your claim, if we can see that you are owed compensation.

Contact us today using the details below:

Related Guides

You may find these personal injury claims guides helpful if you were injured in a swimming pool.

I Slipped On A Wet Floor At Work, Could I Make A Claim?

How To Claim Compensation For An Accident At The Gym?

Slip, Trip And Fall Compensation Claims Guide

Swimming Pool Accident Or Illness Statistics

Sadly in the year 2010, there were 420 incidents of drownings and water-related deaths. The amounts have decreased up until the year 2013 where they were 381. We do not have statistics further than this so can not state if they have continued to fall.

Frequently Asked Questions

Let’s now answer some questions you may have about swimming pool injuries and accidents.

What are some common injuries at a pool?

Slipping on a wet floor can cause injuries. Swimmers may suffer cuts bruises or soft tissue injuries as a result. Unfortunately, you can also suffer a swimming pool illness if the water has not been treated properly.

Who is liable if someone drowns in your pool?

You may be liable if someone drowns in your privately owned swimming pool because you neglected health and safety standards.

How long can I make a claim after an accident?

In there UK there is a personal injury claims time limit of three years. So please contact Advice.co.uk as soon as possible, to begin your claim.

What diseases can you get from a swimming pool?

Here are some of the diseases you can get from a swimming pool if the water has not been treated properly:

  • E. coli poisoning
  • Salmonellosis
  • Gastroenteritis
  • Legionnaire’s disease
  • Norovirus

Page by AE

Published by AL.