Colorado Laws Surrounding Swimming Pool Drownings and Accidents

Colorado citizens flock to the swimming pool every summer to enjoy the warm weather and abundant natural beauty of our state. While swimming pools can be lots of fun for all ages, they are, unfortunately, the site of many fatal and near-fatal accidents every year. Swimming pool accident lawyers in Colorado often represent the families of victims of these tragedies in legal proceedings statewide.

According to the Colorado Health Information Dataset, the total number of deaths by drowning in Colorado in 2019 was 54 victims. While this number is down from the total number in 2018 (74 victims), the loss of these drowning accident victims is indescribable to their families and loved ones. These numbers also do not include near-fatal drownings and swimming pool accidents that resulted in long-term injury or disability.

At Carabin Shaw, our Colorado accident attorneys will never treat you and your family like a statistic.

Colorado’s Premises Liability Statute covers injuries that occur on premises that directly caused the victim’s injuries. In order for a victim or their surviving loved ones (the plaintiff) to receive compensation for these injuries, the Premises Liability Statute states that the following conditions must be met.

1. The plaintiff was injured.
2. The owner or the proprietor (the defendant) acted “willfully or deliberately.”
3. The defendant’s conduct directly contributed to the accident that occurred on their property.

Your family’s swimming pool accident would need to satisfy all three conditions in order to file a Premises Liability suit. For example, perhaps the public swimming pool failed to fill the pool up to regulation height, or perhaps the adult swimming pools were too easily accessible to children. In these cases, there was something inherently dangerous about the property that the defendant “willfully or deliberately” chose not to address.

A wrongful death case differs from a premises liability case because the definition and application is broader. For example, a premises liability case could be brought against the owner of an amusement park who failed to mandate minimum heights on their water slides. A wrongful death case, however, could apply to ANY party that brings about a swimming pool accident or drowning due to negligence, carelessness, or criminal acts.

Small children can drown in as little as two inches of water. A grown adult can become submerged underwater in mere seconds if they are inebriated or otherwise incapacitated. The line between safety and danger in these cases are incredibly thin, and if the negligence of another directly causes the balance to tip towards danger, you may be eligible to pursue a wrongful death case.

There is a statute of limitations on Colorado swimming pool drownings and injuries; the affected parties must file a suit within two years of the accident (whether that’s a premises liability or wrongful death case). In the aftermath of a swimming pool injury, most families have too much on their plates to think about filing a suit immediately. However, it is still important that you contact an accident lawyer as soon as possible to have the best chance of filing a successful suit.

If you or a loved one have been harmed in a swimming pool accident in Colorado, contact the law offices of Carabin Shaw. Call toll-free today at 1-800-555-0101 to speak with our experienced swimming pool accident lawyers in Colorado. Your initial consultation with our accident attorneys will be no-cost and no-obligation. We offer many services (such as video conferencing options and excellent customer service) to help

When you work with a lawyer from Carabin Shaw, you can expect world-class legal representation combined with an interest in protecting our communities. We are invested in protecting the rights of accident victims in Colorado and their families. We would be honored to represent you in your personal injury case.