Claiming Compensation for a Swimming Injury

Swimming is meant to be a relaxing and healthy pastime, a recommended way to calm the soul and heal the body.  It is a hobby enjoyed in the sea on holiday, in the local swimming bath or in a scenic lake.  However, it is also a pastime fraught with danger if proper precautions are not taken.

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Every year thousands of people in the UK suffer injuries as a result of swimming accidents.  1 in 3 drownings are the result of a fall into a swimming pool.  Most of those injured are children under 14.

Can I claim compensation for a swimming injury?

Many swimming injuries are, unfortunately, deemed to be the fault of the victim.  Adults on holiday go swimming at sea whilst drunk or when a red flag is flying.  Many people are injured whilst recklessly diving into the shallow end of a pool, ignoring the ‘no diving’ signs or the warnings of lifeguards.  If you are deemed to be responsible for your injuries you will probably not be able to make a claim for financial compensation.

However, if the injury is the fault of a third party then you may be able to claim compensation.  For example, if there were no lifeguards on duty or there were insufficient warning signs signifying where the deep end finishes and the shallow end begins.  The swimming pool area must also be kept safe: if you slip over because pools of water are left uncleared, then the swimming pool owner may be liable for any injury.  This is because he has a duty of care towards customers and if you suffer an injury you can claim compensation.

What type of injury can I claim compensation for?

The most common injury is drowning, which can lead to brain damage and even death.  Diving into a shallow pool and hitting your head on the floor can lead to spinal injury, paralysis and even worse.  Other injuries include broken limbs from slipping on the wet floor, or sprained or torn muscles.

Any injuries which arise from the negligence of the pool owner can lead to a claim for compensation.  If you have an injury in a swimming pool you should:

  • Report the injury to the owner. They may be obliged to make a detailed report of the incident and may have an official complaints procedure.
  • Seek medical attention.  Not only can a doctor assess your injuries properly, he will be able to assess how much your injuries are likely to affect you in the future.
  • Take photographs of the accident scene.
  • Get contact details of any bystanders.  They may be called upon to provide witness statements in the future.

You should be able to claim for any expenses resulting from the accident, as well as for loss of earnings and loss of future earnings.  You may also be compensated for the pain and suffering caused.

Analysing the level of compensation can be a complicated process.  Contact us at Manners Pimblett and we will do the hard work for you. 0845 077 0772. 

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