A Guide To Swimming Pool Accident Claims

When making a swimming pool accident claim, it is important to understand whether a third party that owed you a duty of care caused your injury. That’s why this article outlines when you can make a claim following an accident at the pool and who can be liable for any injuries you sustain as a result of the incident.

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What Is A Swimming Pool Accident And Can I Make A Compensation Claim?
How Much Compensation Could I Receive For My Injuries?
What Are The Causes Of Swimming Pool Accidents?
What Evidence Could Help Me Claim Compensation?
Make A No Win No Fee Claim For A Swimming Pool Accident
More Information On Making A Swimming Pool Accident Claim

What Is A Swimming Pool Accident And Can I Make A Compensation Claim?

The dangers that can be found at a swimming pool may be more numerous than you first imagine. Swimming pools can lead to many accidents in a public place. They could include:

Slips, trips and falls due to obstructed walkways
Contaminated swimming pool water
Drain suction accidents
Excessive chemical content
Badly signposted pool depths
Damaged tiles

Can I Claim Compensation For A Swimming Pool Accident?

In order to make a valid swimming pool accident claim, you’d need to be able to show that:

The party in control of the pool owed you a duty of care.
They breached this duty.
You endured psychological or physical harm as a result.

You could use the services of a solicitor to claim. If you’re considering this, why not reach out to our advisors? They could connect you with our panel.

How Much Compensation Could I Receive For My Injuries?

There are two heads of compensation you can pursue in a compensation claim.

General Damages

Intended to compensate for the pain, suffering and loss of enjoyment of life experienced as a result of an accident, general damages are awarded for every successful claim. Loss of enjoyment in this regard includes hobbies and activities that the injured person can no longer do.

In order to determine the potential compensation you could seek for general damages in a swimming pool accident claim, solicitors may refer to the Judicial College Guidelines (JCG). This document has an extensive list of injuries and their associated compensation amounts. The figures in the guidelines are taken from personal injury claims that are settled at court. You can see examples in the compensation table below.

Injury	Severity	Compensation Bracket	Notes
Brain Damage (a)	Very Severe	£282,010 to £403,990	May be able to follow some basic commands. Basic sleep and wake functions return but there is little or no language function, double incontinence and the need for full-time nursing care.
Post Traumatic Stress Disorder (a)	Severe	£59,860 to £100,670	There will be permanent effects that eliminate the possibility of working. The injured will not be able to function to anything near pre-trauma levels.
Back Injuries (c)	Minor (i)	£7,890 to £12,510	A full recovery or recovery to nuisance level takes place with no surgery between two to five years.
Shoulder Injuries (b)	Serious	£12,770 to £19,200	The dislocation of the shoulder or damage to the lower brachial plexus resulting in pain in the shoulder and neck. Cases of rotary cuff injury with persistent symptoms after surgery will fall in this bracket.
Pelvis and Hips (c)	Lesser Injuries (i)	£3,950 to £12,590	Despite significant injury, there is no residual disability. There may have been a fracture with a complete recovery within two years.
Wrist Injuries (e)	An uncomplicated Colles’ fracture.	In the region of £7,430	An uncomplicated Colles’ fracture.
Hand Injuries (d)	Amputation of Index and Middle and/or Ring Fingers	£61,910 to £90,750	The hand will have been rendered of very little use and grip that remains will be very weak.
Hand Injuries (q)	Amputation of the Terminal Phalanges of the Index and Middle Fingers	In the region of £24,990	Amputation of the terminal phalanges of the index and middle fingers. This will result in scarring, restricted movement and impairment of grip.
Leg Injuries (a)	(ii)Below-knee Amputation of Both Legs	£201,490 to £270,100	Below the knee amputation of both legs. The level of amputation is important, with the top of this bracket appropriate when both legs are amputated just below the knee.
Ankle Injuries (L)	Moderate (c)	£13,740 to £26,590	Fractures, ligamentous tears and the like which give rise to less serious disabilities such as difficulty walking on uneven ground. There may be a risk of future osteoarthritis.

Special Damages

Unlike general damages, special damages are not universally applicable for successful personal injury claims. They are intended to provide compensation for the financial ramifications associated with your injuries. This could include:

Loss of income. This compensation is for the income you were unable to make due to your injury, such as when your injuries require you to go onto statutory sick pay (SSP)
Reduced earning capacity. Similar to loss of income compensation, this can be claimed when you cannot return to your pre-accident working position. This is applicable both when you are not able to return to work or have to take a lower-paid position.
Certain treatment. Despite the NHS providing most services for free, some require payment. The NHS does not always offer free treatment for issues like scarring unless it directly affects mobility.
Travel relating to medical appointments. If you have to change your mode of transport or need to spend money getting to and from specialist treatment, you could receive the money back.
Lifestyle changes. If your injury requires you to make long-term or permanent domestic lifestyle changes, such as requiring care, you could claim the expenses.

In order to claim special damages, you need proof such as receipts, invoices or payslips.

If you’d like our advisors to value your claim for free, just get in touch. They’re available whenever you’re ready.

What Are The Causes Of Swimming Pool Accidents?

In the eventuality that you wish to make a swimming pool accident claim, you may be interested in understanding the Occupiers’ Liability Act 1957. A central piece of legislation for this area of personal injury law, the Act makes the party in control of any publicly accessible space responsible for the safety of those visiting. The party in control of the place needs to make sure that they take reasonable measures to ensure any visitors’ safety.

Otherwise known as a duty of care, a third party can breach this responsibility. A breach of duty of care that leads to injury is seen as negligence. Breaches could occur because of:

Insufficiently trained lifeguards.
Inadequate non-slip poolside tiles.
Poor construction.
Outdated or non-functioning water filter.

In order to be able to claim, you’d need to prove negligence on the part of the party in control of the swimming pool. This means that acting recklessly where a hazard is reasonably warned of, such as running where there’s water around the pool, may invalidate your claim.

What Evidence Could Help Me Claim Compensation?

In the aftermath of an injury or accident at a swimming pool, there are a number of options as to your course of action.

Seek medical attention. Your health and safety are paramount; subsequently, you should immediately seek medical attention following your accident. This also has the added bonus of an entry being made in your medical records, which could be used as proof later.
Attain CCTV footage. There is a likelihood that your accident will have been caught on security cameras. If this is the case, you can request CCTV footage.
Photographs. Your injuries may not be readily apparent in CCTV footage. Therefore, if you are able, photograph your injury and the stages of healing.
Contact details. If others are present for your accident, share contact information with them so that, should you need it, a legal professional can later collect their witness statements.

You can also seek free legal advice. Our advisors are available 24/7 to answer any of your questions about making a swimming pool accident claim.

Make A No Win No Fee Claim For A Swimming Pool Accident

Should you make a swimming pool accident claim, you may find a solicitor offering to enter into a No Win No Fee agreement. This is a blanket term that accommodates a number of agreements that are functionally similar; however, this article focuses on the Conditional Fee Agreement (CFA).

A No Win No Fee agreement is an agreement where a solicitor must oversee a successful personal injury claim to receive payment for their services from the claimant. Payment for a successful claim comes as a percentage of the claimant’s compensation. It’s capped by law and discussed before the claim is made.

This can be a high-risk strategy for a solicitor to endeavour, so No Win No Fee agreements are selectively used with strong claims. An unsuccessful claim warrants no payment to the solicitor for their services. This means that No Win No Fee agreements are low risk for claimants that choose to fund a solicitor’s services.

Our team of advisors are available 24/7. If you want to make a swimming pool accident claim or have other questions, the team can offer you an obligation-free consultation.

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