A person can drown in a matter of a few minutes. The Centers for Disease Control and Prevention (CDC) reports that around 10 people die in drowning accidents everyday, many of whom are children under the age of 14. This makes drowning the fifth leading cause of unintentional injury death in the United States.
Drowning accidents can happen in a number of places, including public swimming pools, residential swimming pools, beaches, lakes, and water parks. Most of these accidents occur in public and semi-public swimming pools, and many of them could have been prevented by the property owner.
Swimming Pool Safety Regulations in Colorado
Public and semi-public swimming pools must have certain safety features to prevent drowning accidents. The required features vary by state and sometimes even by county or city. In Denver, pool owners are required to have a barrier or fence surrounding the pool that is at least five feet tall. This barrier should not have any openings that are larger than four inches unless it is a door or gate. The doors or gates of this barrier should be self-closing, with latches that are at least 4’6” from the ground.
If the owner of a swimming pool does not meet these regulations, he may be held liable if a drowning accident occurs. To discuss whether a property owner is liable in your case, contact Reisch Law Firm today.
Premises Liability and Drowning Cases
One legal concept that comes into play in drowning cases is premises liability, which requires property owners to properly maintain their property so visitors are not harmed. If an owner fails to do so, he may be held liable in the event that an accident occurs on his property.
The property owner is not automatically held liable for a drowning accident on his property. The victim’s family must be able to show that the property owner was negligent in order to recover compensation. Proving negligence can be done by showing that the property owner:
- knew or should have known about the dangerous condition that led to the drowning accident,
- knew that the condition put visitors at risk of injury, and
- failed to take action to fix the condition.
For example, if the property owner of a swimming pool failed to comply with Denver’s swimming pool safety regulations, he may be liable for drowning accidents that occur as a result of his negligence.
Proving liability in premises liability cases can be challenging without the help of an experienced drowning accident attorney. Our attorneys will work tirelessly to prove that the property owner knew of the dangerous conditions that led to the drowning, but failed to take action to fix them.
Our Attorneys Fight on Behalf of Drowning Victims
If you have lost a loved one in a drowning accident, speak to an attorney at Reisch Law Firm at once. Our team of attorneys will immediately begin to gather the evidence needed to prove that the property owner was liable for the accident. Schedule a free consultation today by calling 303-291-0555.