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If my child is injured in a swimming pool accident, who is responsible?

A:

If your child has been injured in a swimming pool accident in Massachusetts, you may be wondering who is responsible. This will depend on the circumstances surrounding your child's injury. A property owner may be liable if there was negligence or a failure to provide safety measures that led to the swimming pool accident. 

Drowning is the second leading cause of death in children, after motor vehicle accidents. Every year, about 300 children who are 5 years or younger, die from drowning in a residential swimming pool. In addition, another 2,300 children require treatment from an emergency room for swimming pool-related injuries.

Swimming pool deaths are sometimes known as the "silent death" because many times, young children who fall into a pool do not splash or otherwise make noise to indicate that something is wrong. It is important that safety measures are put into place when it comes to children being around swimming pools.

Finding out who is responsible depends on how the swimming pool accident occurred in the first place. If there was a problem with the swimming pool or any equipment attached to it, you may be eligible to file a product liability claim.

If the pool or equipment on a pool was not installed properly, the installers could be held liable for negligence. Negligence can extend to other people, as well. If a lifeguard is negligent, that person could be held liable. Even the employer of a lifeguard could possibly be found negligent. For instance, if there was a failure to properly train the lifeguard.

There could also be a premises liability if there was a failure to provide safety measures such as the absence of: 

• Supervision
• Fencing surrounding the pool or an alarm system
• Safety equipment
• Warnings
   

If your child has been injured in a swimming pool accident and you want to know if you are eligible to file a claim on their behalf for medical and other related expenses, contact a Massachusetts child injury attorney with experience in swimming pool injury cases. An experienced attorney can help determine if you may be eligible to file a personal injury claim. Contact the Massachusetts child injury attorneys at Phillips & Garcia to schedule your FREE legal consultation today - 1-877-892-5620.

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