Swimming pool lawyers in Myrtle Beach know that hotel, motel, and resort swimming pools in Myrtle Beach lead to hundreds of swimming pool injuries in the Myrtle Beach area every year – some result in lawsuits and some do not.
When you or your child is injured at a hotel swimming pool, should you file a lawsuit?
Maybe – after your case has been investigated by a Myrtle Beach swimming pool accident lawyer, if the swimming pool owner, operator, or any third party was responsible for the injuries because of their negligence, you should absolutely seek compensation and file a lawsuit if necessary.
Why?
Because, for some property owners, it is the only way to force them to comply with regulations and to maintain a safe environment for children to swim. And, when they don’t, children die.
More Drownings at Myrtle Beach Area Resorts
There is nothing more tragic and heartbreaking than a child whose life was cut short by a preventable accident.
Not every accident at a swimming pool is the owner’s fault – we get that. But, when it is, it’s inexcusable.
Seven-year-old Malazya Fayall, on vacation from New York, died in a swimming pool at the Crown Reef Resort in Myrtle Beach on Monday – she was found unresponsive in the pool and authorities are still investigating. It’s possible that the resort is not responsible for the death, but, hopefully, the investigation will provide some answers.
Just a few months ago, parents filed a wrongful death lawsuit when their four-year-old child died in a North Myrtle Beach resort’s swimming pool.
In March of this year, a 12-year-old boy barely survived after he was trapped underwater by a suction line in a lazy river at the Avista Resort in North Myrtle Beach – another vacationer repeatedly dove underwater, breathing oxygen into his mouth and trying to pull him out, which likely saved his life.
Unfortunately, many other locals and visitors will experience swimming pool scares – or worse – as they look for relief from the summer heat. With hundreds of swimming pools, blazing summers, and millions of vacationers looking to cool off, Myrtle Beach sees more than its share of swimming pool accidents, drownings, and even deaths.
Sometimes It’s Just a Tragedy, But Often It’s Negligence
Often, there is no one to blame when someone drowns. Sometimes people get too hot and pass out when they are in the water. Other times, someone gets knocked unconscious while horsing around. Some people overestimate their swimming skills and exhaust themselves.
But, in many cases, people drown because of someone else’s negligence. Your swimming pool attorney can help you determine if someone else’s negligence contributed to a pool accident.
If you were injured or a loved one died because of a pool owner’s negligence, your attorney at Coastal Law will work hard to make sure you are fully compensated so that the pool owner is held accountable and – hopefully – they will not make the same mistakes again.
What are the Causes for Swimming Pool Drownings in SC?
The conditions that may lead to swimming pool accidents include:
- A lack of lifeguards;
- Poorly trained or negligent lifeguards;
- A lack of fences or gates, or ineffective fences or gates;
- Poor visibility because of cloudy water;
- A lack of ladders, or damaged ladders;
- Too many swimmers allowed at one time;
- Damaged or otherwise unsafe diving boards; and
- Poorly maintained or otherwise dangerous pool slides.
Swimming Pool Injuries
Any time a child is hurt because a resort owner does not take proper precautions with their swimming pool or lazy river it is a tragedy that could have been avoided. When a swimmer survives, the injuries can still affect their lives, sometimes permanently.
Common injuries in swimming pool accidents include:
- Brain damage caused by asphyxiation;
- TBI (traumatic brain injury);
- Broken bones;
- Slip and fall injuries;
- Illness caused by bacteria or parasites in swimming pools; and
- Injuries caused by defective products or safety equipment.
SC Swimming Pool Owners Have A Duty to Make Pools Safe
Anyone who owns a pool can be held liable for negligence – not just resorts and waterparks.
The owners of country clubs, hotels, private homes, and apartment complexes also have a duty to reasonably maintain and repair their pools.
In addition to maintaining equipment and keeping the water clean, pool owners have a duty to communicate any appropriate warnings to swimmers. For example, if a reasonable swimmer cannot tell by looking that a pool is too shallow for diving, the owner could be held liable for failing to warn a swimmer who then gets hurt.
What About Children Who Trespass to Reach a Swimming Pool?
Pool owners have extra responsibilities when it comes to protecting children.
While pool owners generally cannot be held responsible for what happens to adult trespassers, there is a legal exception for children. If there is a hazard on the property that is both dangerous and attractive to children (i.e., a swimming pool), it is called an “attractive nuisance” under SC law, and the property owner is required to take special precautions to make sure children are not able to enter.
What Should I Do After a Swimming Pool Accident Where Someone is Hurt?
Get medical attention immediately.
But, if you are able, you should collect evidence at the scene immediately, because the evidence may be destroyed, the area will be cleaned up, and any defects that led to the injury may be corrected before they are documented.
If you are able:
- Take photos of the pool, any ladders, slides, safety equipment, or diving boards, and the surrounding area;
- If there were any witnesses, get their names and contact information; and
- Communicate with police and emergency personnel to make sure the information they have is accurate.
And, get in touch with a local swimming pool injury lawyer as soon as possible – before you leave town if you are here on vacation.
Don’t just “let it go” – if there is an unsafe condition at a swimming pool and you or your child was injured, the next child could be a fatality. Besides compensating you and your child, your lawsuit can bring attention to the problem and ensure that it never happens again at that location. It can also serve as a warning to other resorts that they must maintain a safe swimming environment for children.
SC Swimming Pool Lawyers in Myrtle Beach, SC
If you or a family member was hurt in a swimming pool because of the property owner or manager’s negligence, we want to help you to:
1) Recover maximum compensation from the guilty party; and
2) Make sure it never happens again.
Your Myrtle Beach personal injury attorney at Coastal Law will help you to determine who was responsible for the accident, gather the evidence to prove it, and file suit against the responsible parties. Call us now at (843) 488-5000 or fill out our online form to set up a free initial consultation.
