Spain Swimming Pool Accident Claims Guide – How To Claim Compensation For A Personal Injury Claim In Spain

By Joanne Jeffries. Last Updated 23rd November 2021. Welcome to our guide on claiming for swimming pool accidents in Spain.

Swimming pool accident Spain swimming pool accidents in Spain

Swimming pool accident Spain

On this page, you will find a guide to making a compensation claim following a swimming pool accident in Spain. Nobody wants to think they might come to harm while on holiday. Unfortunately, for a small percentage of people, their holiday is ruined by an illness, accident or injury. This guide is for people that come to harm while using a swimming pool on holiday in Spain.

Do you have questions about the claims process? Or do you need some specific advice that this guide doesn’t cover? If so, please call 0800 073 8801 today. One of our team will be ready and waiting to help you.

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A Guide To Spanish Holiday Swimming Pool Accident And Illness Claims

This guide will teach you all that you need to know about making a personal injury claim for a swimming pool injury or illness, that you suffered while on holiday. It contains the following kinds of information:

  • An introduction to the types of accident, injuries and illnesses that can be caused while enjoying a swimming pool on holiday.
  • A number of tips for keeping you and your family safe in the hotel pool while you are on holiday.
  • A list of the main causes of illnesses and injuries related to a swimming pool.
  • A number of steps that you should take, if you have come to harm due to swimming in a pool while you are on holiday, to prepare for making a claim when you go home to the UK.
  • An overview of the process you should follow, to start a claim for your injuries or illness.
  • A list of the main waterborne illnesses, including cryptosporidium, that can be contracted while swimming in a pool on holiday.
  • Information on serious swimming pool accidents such as a fatal drowning, and what your legal situation is, regarding claiming for the loss of a loved one or family member.
  • A table that details all of the time limits that apply, which you will need to begin your claim within.
  • A list of all of the main types of damages that your compensation settlement might be made up of, if your claim is successful.
  • A table that details a wide range of injuries and illnesses that could be caused by swimming in a pool while you are on holiday.
  • An introduction to the Conditional Fee Agreement (CFA), that Accident Claims UK bases our accident and injury claims service on.

We have tried to include everything you need to know in this guide, but you may have additional questions. If you do, speak to one of the Accident Claims UK team on the number at the end of the guide, so that they can help you.

What Accidents, Injuries, And Illnesses Can Happen In A Swimming Pool In Spain?

There are many ways that a accidents in a swimming pool on a family holiday in Spain can happen. There is also a long list of illnesses that can be caught while swimming in a pool. However, some injuries and illnesses are more common than others, so we have covered these in their own sections below.

If you don’t find your own situation covered in one of these sections, we can still help you. Just give one of our team a call on the number at the end of the page, and tell them what has happened. They will be able to tell you whether you have a valid claim, and how we can be of help. You can see an example case study of a swimming pool accident claim, at this link:

A case study for a successful swimming pool claim

Tips For Pool Safety In Spain

Keeping yourself and your family safe at the pool while on holiday, is something you should take some responsibility for, rather than rely on others. Here are some simple tips for pool safety in Spain:

  • Don’t swim in a pool that does not have a lifeguard on duty.
  • Never let children swim in a pool without adult supervision.
  • Be sure that you know which is the deep end and which is the shallow end, before you attempt to dive in.
  • Ensure that non-swimmers or weak swimmers stick to the shallow end.
  • Always take action when the lifeguard tells you to do something.

Taking these steps won’t always keep you and your family safe, but they will help. If you were injured in a pool accident while on holiday, speak to one of the Accident Claims UK team on the number at the bottom of this page, to start your claim today.

What Are The Leading Causes Of Swimming Pool Illnesses And Accidents?

There are a number of causes for hotel pool accidents while on holiday in Spain that are more common than others, this includes:

  • A diving accident due to people diving into the shallow end by mistake.
  • People slipping on wet tiles around the pool.
  • Cuts to the feet or legs caused by cracked pool tiles.
  • Waterborne viruses or bacteria causing an illness.
  • People drowning due to no lifeguard being on duty.

These are some of the more common ways people come to harm; there are many more. Speak to one of the Accident Claims UK team on the number at the end of the page, to begin your claim today.

What Should I Do If Injured Or Make Ill By A Swimming Pool Accident In Spain?

If you are involved in a Spanish holiday pool accident, and want to make a claim for it, preparing for the claim while you are still overseas is a good idea. You can take steps such as:

  • Ensure that you have informed the right people of the incident. This will be the swimming pool operator if you booked your holiday yourself, or your holiday firm if you booked a package holiday.
  • Go to the hospital and have your injuries seen to. Even if you believe they don’t need any medical care, still do this, so that your injuries are officially recorded.
  • If anyone saw what happened, get their contact details so you can contact them to act as witnesses if needed.
  • Start to make a list of any losses that you incur due to the accident, injury or illness.

When you return to the UK, speak to one of the Accident Claims UK team on the number at the end of this page, and they can help move your claim forward.

How To Claim For A Hotel Pool Accident While On Holiday In Spain

If you want to claim damages in Spain after a drowning incident in a pool at your hotel, or for a less severe accident, then who you purse for compensation will depend on who was responsible for maintaining the pool. If you are on a privately booked holiday, and the incident takes place in your hotel pool, then it will be the hotel operator that you will seek damages from. If you are on a package holiday, it will be the company that sold you the holiday that you purse for compensation.

Accident Claims UK can help with this; we can pursue either an overseas hotelier or an international hotel chain for damages on your behalf. Call the number at the end of this guide to proceed.

Cryptosporidium And Other Swimming Pool Illnesses

The most common waterborne illnesses that you might encounter in a pool on holiday, are:

  • Cryptosporidium.
  • Norovirus.
  • Shigella.
  • E.coli.

Each of these can be a very serious illness if left untreated. If it can be proved that the pool operator had failed to keep the pool clean, the Accident Claims UK could help you claim. Call us on the number at the end of this page to earn how.

Claiming Damages In Spain After A Drowning Or Other Fatal Incident In A Pool

Of all the ways that a pool tragedy in Spain can happen, a head injury in a Spanish pool is the most common. Usually caused by people diving into shallow water by mistake. Although of course, other drownings do take place. Most usually, these involve young children, or adults that are intoxicated using a pool without the supervision of a lifeguard.

If you have lost a loved one due to a fatal pool accident while on holiday, Accident Claims UK can help you to make a claim. Speak to one of our team o the number at the end of this guide, and they will help you today.

What Spanish Personal Injury Claim Time Limits Do I Need To Be Aware Of?

You will need to have your claim processed before the personal injury claims time limit is up, and this time limit depends on how you booked your trip, thus:

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Circumstances of Trip Time Limit
For any holiday activities that were part of a package holiday. 3 years may very
For any holiday activities on a trip that you booked yourself. 1 year may very

What Can My Spanish Holiday Pool Accident Claim Include Damages For?

If your personal injury lawyer is successful in processing your claim, the settlement will consist of a number of different types of damages, such as:

  • Special damages – to compensate you for ad-hoc and financial losses:
    • Lowered income in the future – if your injuries are going to change your working life, make you change jobs or even give up working altogether.
    • Loss of current income – if you have had to take an extended period away from your job, and have lost out on pay either fully, or partially.
    • Medical fees – to reimburse you for the cost of private medical care, that was not available under the NHS, and you had to pay for yourself.
    • Care costs – if you had to hire a nurse to take care of you at home, or some kind of home help or cleaner to maintain your home.
    • Travel fees – if you had to pay travel expenses to go and have medical treatment or to deal with any aspect of the claim itself.
  • General damages – to compensate you for physical harm:
    • Permanent or long-term loss of life quality – if your injuries are going to leave you with some kind of disability, that will have a negative impact on your quality of life.
    • Painful treatment and recovery – if the road to full recovery is going to be long, and the treatment you require will be painful.
    • Psychological injuries – if you have developed conditions such as anxiety, depression, new phobias or post-traumatic stress disorder.
    • Pain and suffering – if the accident itself caused significant levels of pain, or the emergency treatment you received was excessively painful.
    • Mental trauma – for being involved in a shocking experience such as an accident, or for the shock of receiving grave injuries.

To learn what types of damages might be applicable in your own cause, speak to one of the Accident Claims UK team on the number below today.

Spanish Holiday Pool Accident Personal Injury Claim Calculator

Instead of providing a personal injury claims calculator, we have created this table of injuries and illnesses, and the amount of compensation they could receive.

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Injury or Illness Type Severity Compensation Information
Hand injury Minor to serious Up to £54,307 Injuries will be ranging up from burns, cuts and tissue damage, through sprains, breaks and damage to the nerves or muscles, partial or full paralysis, to amputation of one or both hands.
Wrist injury Minor to severe Up to £4,187 Injuries will be ranging up from damage to the soft tissue (cuts, lacerations, etc), through breaks, sprains, and damage to the nerves, to partial or full paralysis of the wrist.
Arm injury Moderate to severe Up to £114,837 Injuries will be ranging up from bruising, lacerations, burns, etc. through dislocation, damage to the nerves of muscles, and breaks, to paralysis (full or partial) or amputation of the arm (above or below the elbow).
Finger injury Minor to severe Up to £21,947 Injuries will be ranging up from bruising, cuts and scrapes, through breaks, dislocations and sprains, to amputation of a single or multiple fingers.
Thumb injury Minor to severe Up to £48,047 Injuries will be ranging up from bruising, cuts and scrapes, through breaks, dislocations and sprains, to amputation of a thumb or both thumbs.
Back injury Minor to severe Up to £141,177 Injuries will be ranging up from lacerations and cuts to the soft tissue of the back, through sprains, nerve and muscle damage, and fractured vertebrae, to full or partial paralysis.
Neck injury Minor to severe Up to £130,087 Injuries will be ranging up from lacerations and cuts to the soft tissue of the neck, through sprains, nerve and muscle damage, and fractured vertebrae, to full or partial paralysis.
Toe injury Moderate to severe Up to £49,147 Injuries will be ranging up from bruising, cuts and scrapes, through breaks, dislocations and sprains, to amputation of a single or multiple toes.
Ankle injury Minor to severe Up to £61,147 Injuries will be ranging up from damage to the soft tissue (cuts, lacerations, etc), through breaks, sprains, and damage to the nerves, to partial or full paralysis of the ankle.
Foot injury Minor to very severe Up to £96,147 Injuries will be ranging up from burns, cuts and tissue damage, through sprains, breaks and damage to the nerves or muscles, partial or full paralysis, to amputation of one or both feet.
Leg injury Minor to severe Up to £119,247 Injuries will be ranging up from bruising, lacerations, burns, etc. through dislocation, damage to the nerves of muscles, and breaks, to paralysis (full or partial) or amputation of the leg (above or below the knee).
Illness Minor Up to £3,007 This would be a very minor medical condition, with almost trivial symptoms, that would last only a few days, and clear up with no need for medication.
Illness Moderate Up to £7,257 This would be a non-trivial medical condition, that would have symptoms prominent enough to force a person to stay away from work. It would last around a week, and would require medication to treat.
Illness Moderate to severe Up to £14,607 This would be a dilapidating medical condition, causing the sufferer to be bedridden for two or more weeks. It would require significant levels of medical care and medication to treat.
Illness Severe Up to £39,9047 This would be a grave illness, lasting for more than two weeks, and requiring hospitalisation to treat. The full recovery would take many months or even longer.

For a more accurate estimate of how much you might claim, speak to one of the Accident Claims UK team on the number below.

No Win No Fee Claims For Damages In Spain After An Incident In A Pool

If you have had a holiday accident in Spain, Accident Claims UK can take on your claim under a comprehensive No Win No Fee agreement. This means that there would be no fee to start on your claim, no fee to process your claim, and no fee if we don’t win you any compensation at all. If we do win you a settlement, we will take our fee out of the money we have received for you, and then give you what is left.

How To Claim Compensation With Our Team

Starting a holiday accident claim with Accident Claims UK is simple. If you want us to act as your personal injury solicitor and process a claim for you, call us on the number below. One of our team will go over the details of your claim with you, and then let you know what your legal options are. They will then offer you a risk-free, simple and effective way to move your claim forward right away.

Contacting Our Team

If you have had a swimming pool accident, or have contracted a swimming pool illness, please call us here at Accident Claims UK on 0800 073 8801. Talk to one of our team and explain your situation. They will offer you some free legal advice on what to do next.

Helpful Information, Services And Contacts

At these links below, you will find plenty of info and data that may be of use to you:

UK Government info for people travelling to Spain on holiday

How to apply for your European Health Insurance Card before your holiday

You may also find some of the other guides on this website to be of use, for example, these two:

A guide to making a holiday accident claim – how to claim compensation which on holiday.

How to claim for an accident at a campsite – our guide to campsite holiday accident claims.

A guide to claiming for an accident on a package holiday to Spain – Spanish package holiday accident claims with our team.

Other Useful Guides

FAQ about swimming pool accidents in Spain

What is the no win no fee claims process for claiming for swimming pool accidents in Spain?

We explained briefly about the benefits of making a no win no fee claim in the section above. However, if you would like to know more about the claims process, please read below.

Initially, at the start of your claim your solicitor would need to ascertain whether your claim would have a favourable chance of success. They would do so by assessing all of the evidence, to see whether you could prove your injuries and your accident. They would also look at who could be held liable for your claim. Once they had done so, if they believed your claim could be a valid one, and would have a favourable chance of success, they could send you a conditional fee agreement. This is a document that contains details of our success fee.

You would only pay the success fee if your compensation claim was successful. If it wasn’t, you would not pay your lawyers costs or the success fee.

When you sign and return the agreement document to your lawyer, they will begin to work on your claim. They would put together a strong body of evidence and submit it to the liable party, asking for compensation. If the liable party agreed to pay compensation, your solicitor could then negotiate for the maximum amount possible for your claim. If they refused your claim or disputed some of the facts of your case, it may be necessary for your case to be heard in court. Your solicitor could support you throughout. Once your compensation settlement comes through, they would deduct the success fee and the rest would go to your benefit.

Can you give me examples of swimming pool accidents in Spain that have happened?

Unfortunately, there was one particular case study that was quite devastating. It involved the death by drowning of three family members in a swimming pool accident in Spain. According to reports, there was a faulty drainage pump in the swimming pool, and father, his daughter and an American teenager perished after getting trapped. The incident happened at a resort near Malaga.

Source: https://www.nytimes.com/2019/12/25/world/europe/spain-pool-deaths.html

Could I claim for swimming pool accidents in Spain if my child or children were injured?

If you could prove that the accident was not your children’s fault and that they were injured due to negligence of the swimming pool owner or operator, you could make a claim. You could claim on their behalf up until they turn 18 years of age, or allow them to claim once they reach adulthood. Any compensation achieved would be held in a trust for your children to access once they became adults. If you would like us to help you launch a swimming pool accident claim against a liable party, we would be only too happy to help you. We could talk you through the process of becoming a litigation friend said that you could make decisions about your children’s claim.

Thank you for reading our guide to swimming pool accidents in Spain.