Swimming Pool Accidents & Premises Liability in Orland Park

A refreshing dip in a swimming pool can quickly turn into a devastating experience when safety is compromised. For residents of Orland Park, a swimming pool accident resulting in drowning or serious injuries can be a life-altering event, leaving families to cope with immense physical, emotional, and financial burdens. If you or a loved one has suffered due to such an incident, it’s important to know that property owners have a responsibility to maintain safe pool environments.

Common Causes of Swimming Pool Accidents in Orland Park

Swimming pool accidents can stem from a multitude of hazards. Awareness of these common causes can help both prevent incidents and identify potential negligence if an accident does occur at an Orland Park facility or residence.

Drowning and Near-Drowning Incidents

These are among the most severe types of pool accidents, often resulting from:

Lack of adequate supervision: This is particularly critical for children. Public pools should have certified lifeguards on duty, and residential pool owners should ensure constant adult supervision when children are present.
Defective or missing safety equipment: This includes inadequate or improperly maintained fencing, self-latching gates that don’t work, missing or broken rescue equipment (like shepherd’s hooks or life rings), and non-compliant drain covers that can lead to entrapment.
No or inadequate warnings: Failure to post clear signs indicating water depth, “no diving” in shallow areas, or slippery surfaces can contribute to serious accidents.
Intoxication or impairment: Alcohol or drug use by swimmers can impair judgment and physical coordination, increasing the risk of accidents. While this may involve personal responsibility, a facility that over-serves alcohol may also bear some liability.

Slip and Fall Accidents

Pool decks and surrounding areas are inherently prone to becoming wet and slippery. Common causes include:

Slick surfaces: Algae growth, poorly maintained deck materials, or recently applied sealants can create treacherous conditions.
Uneven surfaces or cracks: Tripping hazards like these can easily lead to falls and injuries.
Lack of non-slip mats: Especially in high-traffic areas like entry points, locker rooms, and around ladders.

Diving Accidents

Diving into water of insufficient depth is a leading cause of severe spinal cord injuries. These accidents often occur due to:

Diving into shallow water: Many pools have areas too shallow for safe diving.
Lack of clear depth markings: Pools should have clearly visible depth markers around the perimeter.
Improper diving board maintenance or installation: A broken or improperly installed diving board can itself be a hazard.

Chemical Imbalance/Poor Water Quality

Improperly maintained pool water can cause various health issues:

Skin irritation, eye infections, or respiratory problems: These can result from too much chlorine, too little chlorine (allowing bacteria and algae to grow), or an incorrect pH balance.
Recreational water illnesses (RWIs): Caused by germs spread by swallowing, breathing in mists or aerosols of, or having contact with contaminated water in¹ swimming pools.

Faulty Equipment

Malfunctioning pool components can create dangerous situations:

Malfunctioning drains, filters, or pumps: Powerful suction from non-compliant drains can cause horrific entrapment injuries or drowning, especially to small children. The Virginia Graeme Baker Pool & Spa Safety Act (VGBA) sets federal standards for drain covers.
Broken ladders or handrails: These can lead to falls into or out of the pool.
Faulty electrical wiring for pool lights or equipment: This can create a risk of electrocution.

Types of Property Owners and Their Responsibilities in Orland Park

The specific responsibilities for pool safety can vary depending on who owns and operates the pool.

Residential Pool Owners

Homeowners in Orland Park with swimming pools have a significant responsibility to ensure the safety of their guests and to prevent unsupervised access, especially by children. This includes:

Adherence to fencing and gate laws: Many municipalities, including those in and around Cook County, have specific ordinances regarding pool barriers, fence height, and self-latching gates.
Proper maintenance: Ensuring the pool and its equipment are in good working order.
Adequate supervision: Providing vigilant supervision when guests, especially children, are using the pool.
Homeowner’s insurance: While homeowner’s insurance typically provides liability coverage, it’s essential to have adequate policy limits, as pool accident claims can be substantial.

Commercial Pool Owners (Hotels, Public Pools, Water Parks, Gyms)

Operators of commercial pools, such as hotels, motels, fitness centers, and public swimming facilities in the Orland Park area, generally owe the highest duty of care to their patrons (invitees). Their responsibilities are often more extensive and may include:

Compliance with state and local health and safety codes: These codes often dictate staffing levels (lifeguards), water quality, safety equipment, and operational procedures.
Hiring and training qualified lifeguards: Ensuring lifeguards are properly certified and vigilant.
Regular maintenance and inspection schedules: Keeping detailed logs of pool upkeep and safety checks.
Clear signage: Posting pool rules, depth markers, and warnings.
Emergency action plans: Having established procedures for handling accidents.

Apartment Complex and Condo Association Pools

For pools located in apartment complexes or managed by condominium associations in Orland Park, responsibility can be shared. Landlords, property management companies, and homeowners’ associations (HOAs) typically have a duty to:

Ensure the pool area is properly secured and maintained.
Comply with all applicable safety regulations.
Address resident complaints about pool safety promptly.
Clearly communicate pool rules to residents and guests. Liability in these cases can sometimes be complex, potentially involving multiple parties.

Establishing Negligence and Proving Your Claim

A successful premises liability claim hinges on proving that the property owner was negligent and that this negligence directly caused the accident and resulting injuries.

What Constitutes Negligence?

In the context of swimming pool accidents, negligence can manifest in various ways:

Failure to maintain the premises safely: This includes allowing slippery surfaces to persist, not repairing broken fences or gates, or having faulty drain covers.
Failure to warn of known hazards: If a property owner knows of a danger (e.g., a broken step into the pool) and doesn’t warn visitors, they may be negligent.
Failure to supervise properly: Especially in commercial settings where lifeguards are expected or when children are known to be present.
Violation of safety codes or laws: Non-compliance with local Orland Park ordinances or Illinois state laws regarding pool safety can be strong evidence of negligence (negligence per se).

Gathering Evidence

Collecting and preserving evidence is paramount in building a strong claim. Key pieces of evidence often include:

Accident reports: If the accident occurred at a commercial or public pool, an official report may have been filed.
Witness statements: Contact information and accounts from anyone who saw the accident or the conditions leading to it.
Photographs and videos: Document the scene of the accident as soon as possible, including the specific hazard, warning signs (or lack thereof), and any injuries.
Maintenance logs and inspection records: These can show whether the property owner was diligent in upkeep or if there were known issues that were not addressed.
Medical records: Detailed records of all medical treatment received for the injuries, linking them to the accident.
Expert witness testimony: In complex cases, testimony from pool safety experts, engineers, or medical professionals may be needed to establish the standard of care, how it was breached, and the extent of the damages.

Illinois Laws Affecting Your Claim

Two important Illinois laws can significantly impact your premises liability claim:

Statute of Limitations: In Illinois, there is a time limit for filing a personal injury lawsuit, generally two years from the date of the injury. For wrongful death claims, it is typically two years from the date of death. There are some exceptions, especially for minors, but failing to file within this window means you may lose your right to seek compensation.
Modified Comparative Negligence: Illinois follows a “modified comparative negligence” rule (735 ILCS 5/2-1116). This means that if you are found to be partially at fault for your own injuries, your compensation can be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages.² Insurance companies often try to shift blame to the victim; an experienced attorney can help counter these tactics.

Damages You Can Recover in a Swimming Pool Accident Claim

If your premises liability claim is successful, you may be entitled to various forms of compensation, known as damages. These are intended to cover the losses you have suffered due to the accident.

Economic Damages

These are tangible financial losses that can be calculated and documented:

Medical expenses: All costs associated with treatment, including emergency care, hospital stays, surgeries, doctor visits, medication, and physical therapy – both past and reasonably expected future expenses.
Lost wages and earning capacity: Compensation for income lost while recovering from injuries, as well as for any diminished ability to earn income in the future due to permanent disabilities.
Rehabilitation costs: Expenses for occupational therapy, vocational rehabilitation, assistive devices, and home modifications if necessary.
Funeral and burial expenses: In tragic cases of drowning leading to wrongful death, the family can claim these costs.

Non-Economic Damages

These compensate for intangible losses that don’t have a precise monetary value but significantly impact the victim’s life:

Pain and suffering: Compensation for the physical pain and discomfort experienced due to the injuries.
Emotional distress: For the psychological impact of the accident, including anxiety, depression, PTSD, and fear.
Loss of enjoyment of life: If the injuries prevent the victim from participating in hobbies, activities, or aspects of life they previously enjoyed.
Loss of consortium: In cases of severe injury or death, the spouse of the victim may claim damages for the loss of companionship, support, and intimacy. For parents who lose a child, this can involve loss of society.

Punitive Damages (Rare)

In Illinois, punitive damages are not typically awarded in standard negligence cases. However, they may be considered if it can be proven that the defendant acted with gross negligence, willful and wanton misconduct, or a conscious disregard for the safety of others. These are intended to punish the wrongdoer and deter similar conduct in the future.

What to Do After a Swimming Pool Accident in Orland Park

The actions you take immediately following a swimming pool accident can be very important for both your health and any potential legal claim. If you are involved in or witness such an incident in Orland Park:

Seek Immediate Medical Attention: The health and safety of the injured person are the top priority. Call 911 or go to the nearest emergency room, even if injuries don’t seem severe at first. Some serious conditions, like internal injuries or complications from near-drowning (secondary drowning), may not be immediately apparent.
Report the Incident: Notify the property owner, manager, lifeguard, or person in charge about the accident as soon as possible. If it’s a commercial or public pool, ensure an official accident report is filed and request a copy.
Document Everything: If you are able, take photographs or videos of the accident scene, specifically capturing what caused the accident (e.g., a broken gate, slippery surface, lack of warnings, faulty drain). Also, photograph any visible injuries. Get the names and contact information of any witnesses.
Do Not Admit Fault or Sign Waivers: Avoid making statements that could be interpreted as an admission of fault. Do not sign any documents offered by the property owner or their insurance company without first consulting an attorney.
Preserve Evidence: If possible, try to ensure that the condition that caused the accident is not immediately altered or repaired before it can be documented or inspected (though safety reasons, an owner may remediate a hazard). If you have clothing or footwear that was damaged or relevant to a slip and fall, preserve it.
Consult with an Experienced Premises Liability Attorney: Contact a lawyer who has extensive knowledge of premises liability and swimming pool accidents as soon as possible. They can advise you of your rights and begin investigating your claim while the evidence is still fresh and witnesses’ memories are clear.

Swimming Pool Accident in Orland Park? Your Rights Matter.

Swimming pool accidents can leave victims and their families facing overwhelming challenges. If you or a loved one has been affected by a swimming pool accident in the Orland Park area, it is vital to act quickly to protect your rights. The team at Fotopoulos Law Office is here to help. We offer compassionate support and tenacious legal representation to guide you through this difficult time. Contact us today for a free, no-obligation consultation to discuss your case and learn how we can assist you in seeking the justice you deserve.

Swimming Pool Accidents: Premises Liability for Drowning or Injuries in Orland Park