By Jo Jeffries. Last Updated 16th April 2024. In this guide, we focus on when you may be able to start swimming pool accident claims for a swimming injury. We’ll also explain the steps involved in making swimming pool injury claims. Public swimming pools are often visited by people seeking exercise and fun activities. However, the pool could be a potential cause of accidents if there is an issue with the way it is run or maintained.
Have you suffered some sort of accident at a swimming pool that has led to you suffering injuries? If so, and the accident was caused by a negligent party that owed you a duty of care, then you may be able to claim compensation for your swimming pool injury. Whether you:
- Suffered lacerations from broken tiles that hadn’t been fixed
- Sustained a head injury at the swimming pool from a slip, trip or fall that could have been avoided if the area had been made safe
- Became injured in the swimming pool due to poorly kept or maintained facilities
We can help.
For more information on swimming injury claims, you can call us on 0800 073 8801. Alternatively, you can reach us online using our 24/7 live chat.
Select A Section
- Eligibility Criteria For Swimming Pool Injury Claims
- Drowning And Other Fatal Swimming Pool Accidents
- Compensation Payouts In Swimming Pool Injury Claims
- No Win No Fee Claims For An Accident At A Swimming Pool
- Essential Resources Relating To Swimming Pool Accident Claims
Eligibility Criteria For Swimming Pool Injury Claims
Swimming pool accidents could cause injuries to different categories of people. Employees could be injured in workplace swimming pool accidents, but so could members of the public who use the pool or the facilities, including swimmers and spectators.
Swimming pool operators, therefore, have a duty of care to prevent those on the premises from suffering avoidable harm by using the facilities under the Occupiers’ Liability Act 1957. As employers, they also have a duty of care set out in the Health and Safety At Work Etc Act 1974 towards their employees. They must take steps to assess and, if possible, reduce any reasonably foreseeable harm to employees posed by the workplace or their work tasks.
Should those who own or operate swimming pools fail to comply with the legislation above and you suffer injuries as a result, you could be eligible to claim compensation.
Some examples of incidents that could lead to a swimming pool accident include:
- Unsafe management of chemicals
- Inadequate repair and maintenance of the facilities
- Poor housekeeping
- Inadequate provision of Personal Protective Equipment (PPE) when it should have been provided
- Lack of hazard warnings – for example, slippy floor signage, or water depth markings
- Inadequate training for employees
To find out more about whether you could claim for a swimming injury, please call the helpline. An advisor could help to determine what your rights are and what action you could take.
How Long Do I Have To Claim For An Accident At A Swimming Pool?
The personal injury claim time limit that would typically apply to a swimming pool accident claim is 3 years from the date of the accident. This is set out under the Limitation Act 1980. However, some claims could be exceptions to this.
For example, if someone were injured in a swimming pool accident and lacked sufficient mental capacity to make a claim for themselves, the limitation period would freeze indefinitely. However, during the time it is frozen, a court-appointed adult could act as a litigation friend for the injured party. They could then bring a claim on the injured person’s behalf. If no claim was made, and the person regained capacity, however, they could bring their own claim. They would typically have three years from their recovery to file.
In addition, if a child is injured in a swimming pool accident, they cannot bring their own claim until they turn 18. They would typically have three years from their 18th birthday to do so. However, while the time limit is suspended, a litigation friend can claim on their behalf.
To find out if you are within the time limit to make a personal injury compensation claim, contact our team of advisors today.
Drowning And Other Fatal Swimming Pool Accidents
Unfortunately, if something goes badly wrong in a swimming pool accident, this could lead to a fatality. Whether it was death through drowning or a fatal spinal injury in the swimming pool, it could be that you are left bereaved after an accident at a swimming pool.
If you have lost a loved one in this manner, though it would never be enough to truly compensate you for such a loss, compensation could help to cover the funeral costs of a loved one and could include a bereavement award that could help you move forward after such a devastating event. We could help you, and, knowing how devastating these types of claims could be, we would handle your swimming pool injury claims with the sensitivity they deserve.
Compensation Payouts In Swimming Pool Injury Claims
If you were injured in a swimming pool accident and successfully claim compensation, your award could contain up to two heads.
General damages are awarded to every successful claimant, and they cover your injuries and the pain and suffering they cause. General damages also cover loss of amenity, which means loss of enjoyment.
When this head of claim is valued, professionals can refer to the Judicial College Guidelines (JCG). The JCG is an invaluable resource when calculating compensation, because it provides guideline compensation amounts for different kinds of injuries.
In the table below, you can find some examples of these guideline amounts, but please note that these are not guaranteed. The first entry in this table has also not been taken from the JCG.
Injury Bracket for Payout Notes
Multiple severe injuries causing financial costs and losses. Up to £1,000,000+ Combinations of severe injuries which cause financial costs and losses such as travel and medical expenses, or loss of earnings.
Brain damage (Very Severe) (a) (i) £344,150 to £493,000 Little meaningful response to environmental stimulai.
Neck injuries In the region of £181,020 Where there is paraplegia (incomplete) or injuries have resulted in spastic quadriparesis that is permanent. Cases where an injured party has regained little to no movement despite wearing a collar for a period of years could be included here.
Severe Arm Injuries £117,360 to £159,770 A serious brachial plexus injury could be included within this bracket, and the injured person could be left only a little better off than if the arm were to be completely lost.
Arm injuries that lead to permanent disability (substantial) £47,810 to £73,050 Where there are serious fractures to either one of the forearms, or both, and there is cosmetic or finctional disability that is deemed to be substatial.
Hand injuries £35,390 to £75,550 There would be around 50% of the hand capacity still available. Cases where there is amputation of several of the fingers but then rejoined, could also be included in this category.
Knee injuries £63,610 to £85,100 Fractures to the leg that extend into the joint of the knee which cause permanent or constant pain that limits the claimant's movements/agility. The claimant in such cases could be rendered prone to developing osteoarthritis and they may require an arthoplasty
Leg injuries £21,920 to £33,880 Serious damage to soft tissues or fractures that did not resolve completely could be included here.
You might also be due special damages. This head of compensation isn’t guaranteed even if you make a successful claim, because it covers the financial losses you experience as a result of your injuries.
For example, if you were concussed as a result of a swimming pool accident, this could lead you to miss out on earnings if you take time off work to recover. These lost wages could be recouped under special damages, along with the cost of:
- Travel.
- Childcare.
- Prescriptions.
- Housekeeping.
- Mobility aids.
- Counselling.
When making a claim for special damages, you will need to provide evidence of your financial losses. This could include payslips, bank statements and invoices.
To receive a free valuation of your potential personal injury claim, you can contact our advisors.
No Win No Fee Claims For An Accident At A Swimming Pool
The personal injury claims process can seem complex, but you don’t need to go through it alone. Working with a solicitor can help make the process seem less stressful, as they can use their years of experience to guide you through the claims process.
A solicitor can help you gather evidence to support your claim by talking to witnesses and requesting CCTV footage. They can also help you communicate with the other party, and negotiate a settlement.
If one of our solicitors decides to take on your case, they will ask you to sign a Conditional Fee Agreement (CFA), which allows them to work on a No Win No Fee basis. Under a CFA, you don’t need to pay your solicitor any upfront fees for their work, and you also don’t need to pay for their services in the event of an unsuccessful claim.
Your solicitor will take a success fee if your claim succeeds. This is taken straight from your compensation as a percentage, which is capped by law at 25%.
Contact Us
Our team of advisors can answer any questions you may have about the claims process, and whether or not you could be eligible for compensation. Contact our team today to learn if one of our No Win No Fee solicitors could help you by:
- Calling us on 0800 073 8801
- Starting your claim online.
- Using the live chat feature.
Essential Resources Relating To Swimming Pool Accident Claims
Gym Accident Claims – To find out about being injured in a gym, you might find this guide useful.
Accident At Work Claims – If you were injured at work at a swimming pool, this in-depth guide could offer you some useful information.
Local Authority Claims – Did the council own the swimming pool you were injured in? If so, this guide could offer some information that you might find useful.
Health And Safety Resources Relating To Swimming Pool Accident Claims
ROSPA Swimming Safety – This page shows some advice on being safe when swimming.
HSE Swimming Pool Safety – The HSE gives some useful information on swimming pool health and safety.
Royal Life Saving Society – The RLSS offer advice on swimming pool and water safety.