How Much Compensation For A Swimming Pool Accident Or Illness?
Accidents and illnesses relating to Swimming Pools are more common than you might think, and children are particularly at risk of having an accident or becoming ill. You may think that you will not be entitled to compensation, but if that accident or illness is as a result of poor maintenance or negligent behaviour on the part of a hotel, a cruise ship operator or those responsible for the upkeep of the pool and its safety protocols then it might be possible for you to make a claim. This might also be the case even in the event of an accident that happened abroad.
Select a Section:
- A Guide to Accident Claims for swimming pool accident or illness
- What is a swimming pool accident or illness?
- What to Do If You Are Involved in a swimming pool accident or illness
- How to Begin a swimming pool accident claim
- Swimming pool accidents in the press
- Fatal swimming pool accidents
- Cruise ship swimming pool accidents
- Child swimming pool drowning death compensation claims
- Swimming pool accident at work claims
- Swimming pool slip, trip or fall claims
- Swimming pool accident statistics
- What can be claimed for after a swimming pool accident or illness?
- The most common types of swimming pool accidents
- How much compensation will I get after a swimming pool accident or illness
- No Win No Fee swimming pool claims
- Why choose us as your Claims Service for a swimming pool claim?
- Call for Free Advice and to start a claim
Swimming pool management companies as well as hotels and tour operators have a duty to carry out appropriate health and safety checks on their pools. This includes making sure that all their facilities are safe, properly maintained and that the necessary life-saving provisions in put in place; both in terms of equipment and staff.
Should a pool user sustain an injury or become ill as a result of poorly maintained swimming pool facilities they might find that they are entitled to make a swimming pool compensation claim from their tour operator. You may also be able to make Leisure centre claims for any swimming pool accidents or illnesses that occur at home.
A swimming pool accident of illness can be caused by:
- Tilling that is damaged
- A faulty pool drainage system
- A faulty water filtration system
- The use of too much chlorine or chemical disinfectant in the water
- Lack of clear signage indicating highlighting the depth of the pool
If you have been involved in a swimming pool accident or illness then it is important to follow the appropriate steps to help you build a good case. This should include the following:
- Visit a doctor – It is important to see a medical professional who can assess your injuries and make sure that you get the correct treatment as soon as possible. They will be able to document your injuries or illness and produce a medical report. This is important because it will be used to help calculate the amount of any payout you might receive. If you need assistance with arranging a medical nearby we can help you with this.
- Get contact information from witnesses – It is important to get the contact details of anyone who witnessed your accident. Witness statements can help to support your case. If you are on holiday it is important to do this as soon as you can before potential witnesses return home.
- Write notes of the events that happened – As soon as you are able to, you should write down everything that happened. This will help to make sure that you do not forget any important details later on.
- Keep proof of any expenses – If you encounter any costs as a direct result of your injuries you should be able to make a claim for these – they are referred to as special damages. In order to make any such claim you will however need to be able to provide proof of the expense. Keep hold of all your receipts and any documentation you are given.
We understand that it can be difficult to know where to start when making a swimming pool accident claim; we can help make the process easier. Let us help you with every step of your claim, making the whole process as stress free as possible. We can begin with a free consultation session, all you need to do is give us a call. This will afford you the chance to ask any questions that you might have and allow us to ask you questions regarding you claim, allowing us to get a full and clear understanding of your case. This will therefore allow us to give you the best advice. In addition, we can help you arrange a local medical.
We operate on a No Win, No Fee Basis when working on your claim. This means that regardless of your financial situation you should be able to make a claim, you will only need to pay the cost of legal fees if you win your claim. More information on this can be found at the end of this post.
Unfortunately, swimming pool accidents are an all too regular occurrence, especially during the summer months, and are often reported in the press. In August 2017 newspapers reported the tragic story of a 4-year-old boy who went missing at the end of a week-long holiday at a summer camp near Devon. The boy, who had been reported as missing to the police was found in the swimming pool and the police helicopter was scrambled to take him to a nearby hospital. Unfortunately, despite the best efforts of the emergency services, they were unable to save him. The incident which was described as an event that had one “horribly wrong” took place in a swimming pool that the group the boy was part of was using on a “self-supervised” basis.
Several years ago, there were also a spate of articles in the news that reported the story ‘child disembowelled by pool drain’. This dreadful accident occurred when the child in question had been sitting on an uncovered pool drain in the shallow end of the pool and the force of the suction was so powerful that pool drain evisceration was the result. Due to their size, this is an accident that can unfortunately have much more serious repercussions for a child. In this case the girl required a small intestine transplant and will need lifelong medical care.
Whatever has happened to you, and whether your story is similar to those reported in the press or completely different you may be able to make a claim, so it is worth contacting someone to find out.
People simply don’t realise the potential dangers of a swimming pool, they are all too often a place we visit when we are relaxed and perhaps not being as careful as we would normally be, for example when we are on holiday. Accidents in any location can be dangerous but any accident that occurs in the water has the added potential to lead to breathing difficulties as excess amounts of water get swallowed. This can obviously lead to the risk of a fatal pool accident occurring.
There are also dangers related to covers on swimming pools with incidences of children mistaking covered swimming pools for trampolines and jumping on, only to get stuck. These accidents have been known to result in drowning as the covers are pulled into the pool by the weight of the child, dragging them down into the water. Pool cover drowning can also occur in the unfortunate event that a person becomes trapped under a pool cover.
When you book a cruise one of the things that will be furthest from your mind is whether the onboard pool is safe. Unfortunately, these onboard pools offer just as much danger as any other swimming pool, with potential for slip and trip accidents caused by wet surfaces and also the over or under use of chlorine and other chemical disinfectants can make it all too possible for a cruise shop pool accident to happen.
Whilst British cruise ship operators have specific standards that they must follow with regard to the health and safety of their swimming pools their foreign counterparts may not have the same stringent laws in place to protect
If your child is involved in a pool drowning, resulting in their death where the fault was not your own you should be able to make a claim. We understand that this can be an incredibly stressful and emotionally charged time, but will look at your case with the utmost sensitivity. Making a claim under these circumstances may well result in any company involved looking at their safety procedures and putting new measures in place to make sure that the no other tragic accidents occur in the same way.
An employer has a duty of care to their employee’s whatever environment they work in. In the case of a swimming pool it is important to make sure that all employees are fully trained to prevent slips, trips and falls happening where possible. Employees who work on or around swimming pools should receive appropriate training in order to be able to do their job and pass on that duty of care to anyone who uses the swimming pool. If your employer has failed in their duty of care to you, the employee then you might be able to make a claim. The best way to start a claim is to discuss it with a specialist firm who will be able to advise you if you have a case.
Swimming pools can be dangerous, water on the side of the pool can make the tiles slippery making I easy to slip, this can also result in someone falling into the swimming pool itself. Damaged tiles and other uneven surfaces can create trip hazards. A degree of common sense should be employed by anybody using a swimming pool, no running on the side of the pool, no diving at the shallow end etc however if someone has been negligent and you have an accident you may have a claim.
According to UK statistics that relate to drowning, there are a high proportion of people who cannot swim.
Figures from the National Water Safety Forum relating to 2010, the latest figures that are available show a total of 420 deaths of a water related nature occurring across the UK as a result of either an accident or natural causes. The report that contains the figures emphasises that there is a significant need to ensure that a greater number of people can swim; only a handful of these drownings occurred in swimming pools.
The report goes on to reveal that as had been seen in previous years the largest number of fatal accidents – 217 or 52% – had occurred on rivers, canals, lakes, lochs ponds and reservoirs; all inland waters. 22% of the fatalities, 94 in total, had taken place on coastal areas; in a harbour, marina, dock or a port, and a further 17% a total of 73 deaths had taken place at sea. Incidents relating to baths, including hot-tubs and Jacuzzis, accounted for some further twenty- four deaths and six deaths related to swimming pools.
57 of the deaths were accounted for by children and young people in the 0-19 age bracket with 19 of those deaths being in under 10-year olds.
58 of the 420 fatalities took place when the person involved had been walking or running as they entered the water; whether this was for the purposes of cooling of or they simply fell into the water, a further 31 deaths occurred when a person had been swimming. Manually- powered boats accounted for 33 cases, whilst 31 fatalities resulted from some form of commercial water activity and 30 related to angling. Sub Aqua diving.
The spread of these fatalities was across all days of the week and months of the year. However, Saturday emerges as the most common day and April and June are the most common months of the year in respect of swimming related fatalities.
More emphasis is now being put on the importance of collecting date relating to fatal and non-fatal drownings, other deaths and injuries related to the water and also near misses. The National Safety Forum collates data relating to these incidents from a vast pool of sources which incorporates the emergency services, sports governing bodies, coroner’s courts, the rescue services including the coastguard and of course reports in the press.
When putting together a claim following a swimming pool accident of illness there are a number of things that you might be able to claim for:
- General damages – This relates to any compensation you may be entitled to as a result of pain or injury occurring as a result of your accident of illness
- Care claim – Whilst you are recovering from your accident or illness you require assistance in the home, the person who cared for you can file a care claim
- Loss of earnings – If your accident or illness means that you will be unable to return to your employment for an extended period of time you should also be able to make a claim for future loss of earnings
- Travel expenses – If you have been unable to drive as a result of the accident and have had to use alternative means of transport such as taxis you could be entitled to make a claim for this.
- Medical expenses – If your accident or illness occurred whilst you were abroad and you incurred a hospital bill you may be entitled to claim for this
It is important that you keep any receipt and documentation that you are given relating to your accident or illness as these could help you with your claim. If you have received assistance in the home keep detailed notes of any help that you received.
The types of injuries related to swimming pool incidents include:
- Slips, trips and falls – a frequent cause of swimming pool slips trips and falls can be slippery steps or sides around a pool.
- Gashes and lacerations – the most common cause of this type of swimming pool related injury is damaged tile work. The injury can often be further worsened by contaminants in the pool water.
- Diving injuries – diving into a pool that is too shallow can result in both head and spinal injuries.
- Contaminated pool water related illnesses – the water in a swimming pool will usually contain chlorine or some form of chemical disinfectant which kills off the harmful bacteria. However, it is still possible for these bacteria as well as other contaminants to reach potentially hazardous levels, as they are continually re-introduced into the water by those using the pool.
- Chlorine poisoning and chemical burns – extreme quantities of chlorine or chemical disinfectants in swimming pool water can be deadly. If there is too much disinfectant in the pool water the results can be chemical burns as well as serious skin and eye irritations.
- Drain suction injuries – swimming pool drain accidents can occur when there is an excessive level of pool drain suction which can lead to serious injury or drowning. Pool drain danger can result when covers are left off, this hazardous to swimmers who can be sucked into the drain where they can rapidly become stuck. Rectal and internal injuries can also result from suction entrapment, pool drain disembowelment is unfortunately something that has occurred in the past.
Some evidence exists to suggest that swimming pools that are of a more unusual shape can potentially present a greater risk of injury. It is believed that this is due to potential difficulties in gauging any changes in the depth of the water. A claim can usually be made if a swimmer is injured as a result of these changes in depth not being appropriately marked.
It understandable that claimants may want to know how much compensation they are likely to receive for their claim, however it is not possible for us, of indeed any other company, to give an exact figure. Whilst you might be able to find a rough idea online, any figures you do find may not be 100% accurate for your case and we would advise that they should only be used as a rough estimate as drowning compensation amounts will vary from case to case.
What we are able to do is supply you with the average compensation amounts for swimming pool illness or accidents. The table below illustrates the typical payouts for the types of injuries that are most commonly associated with swimming pool accidents or illnesses. It might be that the injury you have suffered is not on this table – if this is the case please give us a call and we will be happy to talk you through an estimate of the amount that you might receive.
|Reason for compensation||Typical compensation amount||Comments|
|Loss of earnings (anticipated)||£10,000 - £400,000||This award is worked out by taking into account your current pay scale, as well as considering your future earning potential. Due to this, there is a potential for your actual award to be higher than the maximum, particularly if you perform in a highly-paid role.|
|Loss (Benefits)||£5,000 - £500,000||This compensates you for the actual loss of income you have experienced, and again, if you have a highly-paid role, could work out to be more than the maximum stated here.|
|Pain & suffering||£1,000 - £200,000||The level of suffering and pain experienced by the claimant will be assessed and this will be used to work out how much compensation you eventually receive.|
|Mental anguish||£3,550||In cases where fear of death exists as well as the expectation of the end of life, this award could be part of your compensation.|
|Minor injury||£1,050 - £1,860||Recovery within three months|
|Minor injury||£525 - £1,050||Recovery within 28 days|
|Minor injury||A few hundred pounds - £525||Recovery within seven days|
|Severe back injuries||£69,200 - £122,350||If nerve roots and spinal cord suffers damage, this level of compensation is likely to be granted. Disc injuries are at the lower end of this bracket.|
|Minor back injuries||£6,000 - £9,500||The injury and its consequences will be assessed and the level of pain, the severity of the initial injury, any medication required and a prognosis for recovery will be taken into account.|
|Illness/Damage resulting from chemical poisoning (minor)||£700 - £3,000||This can lead to the patient suffering disabling cramps pains and diarrhea for days or even weeks|
|Illness/Damage resulting from chemical poisoning (moderate)||£3,000 - £7,250||Poisoning causing discomfort that is significant, causing fatigue and symptoms that last for a few weeks or more|
|Fracture of the forearm (simple)||£5,000 - £14,000|
|Colles wrist fracture||Around £5,650||An uncomplicated Colles’ wrist fracture.|
|Very minor wrist fractures, and soft tissue injuries||£2,675 - £3,600||Virtually recovery within around 12 months|
|Moderate Ankle Injury||£10,450 - £20,200||Ligament tears and fractures, that result in less-serious disabilities such as difficulty walking on ground that is uneven, or difficulty walking or standing for some time. Also includes risk of osteoarthritis.|
|Minor Ankle Injuries||Up to £10,450||Less serious sprains, fractures or ligament injuries. Level of disability, prognosis for full recovery, level of pain and tendency of the ankle to give way are all taken into account when assessing the level of compensation to be awarded.|
There are a number of advantages of working with a company who work on a No Win No Fee Basis, perhaps the most important one is that regardless of financial standing anyone can make no won no fee pool claims for compensation. If we are not able to secure any compensation for you, you will not be required to pay a single penny. This offers you the financial security you need when you are making a claim.
Working with a solicitor who charges by the hour will not afford you the same level of security, and you might find yourself worrying that you will end up with a large legal bill that you will need to pay at the end of your case even if you do not receive any compensation which you could use to fund it. There is also the possibility of a solicitor taking on your compensation claim simply to make money, knowing that there is little likelihood of a payout at the end and putting you under unnecessary levels of stress. This is not something that you would have to worry about if you worked with us as we would never waste your time.
With many years of industry experience and a fantastic reputation to back that up, you would be hard pushed to find a more appropriate company to handle your case. Over the years, we have been successful in securing compensation payouts for thousands of claimants, each and every case has been handled in a competent and professional manner. We understand that what you are going through it incredibly stressful, and this is why we believe in ensuring that the compensation process is as hassle-free as possible. The service that we offer is above all compassionate and caring, very one of our clients matter to us and we strongly believe this is reflected in the service that we offer.
If you have had a swimming pool accident or illness and you want to make a claim then contact us today to get the process started. Our helpful experiences team can be contacted on 0800 073 8804. We will be happy to discuss any concerns that you might have regarding the claims process, and you can be certain that we will do all that we can to get you the full amount of compensation that you are entitled to.
This is a useful link offering you information on how to stay safe in and around water.
This link will take you to the website of the UK Government’s Health and Safety Executive and their guide swimming pool health and safety laws, it also includes information on how to stay safe near the water in any publicly maintained swimming facility.
As a rough guide, this link can give you an estimate of compensation amounts that might be received for particular compensation claims.
If your compensation claim relates to slipping on a wet floor then this link can offer you a guide to the claim making process as well as giving you an indication of the possible amounts of compensation payouts.