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Denver Swimming Pool Accident and Drowning Lawyers

Perhaps the most tragic thing that can happen to a family is a drowning or near-drowning in a backyard swimming pool. These catastrophic and tragic accidents can happen in literally seconds, robbing a family of a child or taking a child’s future in a heartbeat.

The Lamber Goodnow injury law team, together with our partner firms throughout Colorado handle swimming pool injury cases. We’ve all seen swimming pool accidents involving children and adults, and know how they can shatter an entire family. No one is immune to these tragedies, as families throughout Colorado know.

Drowning is the third-leading cause of death of children in the state. And it’s not just about backyard pools in Denver, it’s also about streams, lakes and public water parks.

Where there’s water, there’s danger.

Knowing Your Rights

If you frequent a local pool, check to make sure it’s safely maintained. Check gates and entrances, and make sure it’s not easy for a child to slip through. Decking should be well maintained and safe — it shouldn’t be easy to slip and fall into the pool. Also check the building’s exits to make sure latches and locks function properly.

If you rent a home, and any of these issues isn’t addressed by your landlord, bring it to their attention immediately, in writing.

Just as you have the right to not be injured by a defective product, you have the right to not drown in your own backyard. If something seems unsafe to you, address it immediately.

Water Wise

While we often think about swimming pools as the primary issue, the fact is that children — and even adults — can drown anywhere. Adults die in pools when they slip, fall, and enter the water unconscious. Children drown in bathtubs when they’re left unattended for mere seconds. Buckets of water even are hazards.

As consumers and parents, we have to watch our children around water, and remain vigilant in the process.

Contact our law firm today at 303-800-8888. Speak with a lawyer right away — before speaking with any auto insurance provider if possible. Other steps you can take now!

If You’ve Been Affected

But that can’t protect everyone. Even the most cautious family can be struck by tragedy in a simple accident. Drowning or near-drowning cases can result in catastrophic injuries in seconds. The lack of oxygen to the brain can cause almost instantaneous damage to multiple organ systems, including the central nervous system. A child’s development can literally be frozen in time.

If you’ve experienced a drowning in your family, talk to a lawyer as soon as your family member is stabilized. Take photos of the pool, get medical records, and answer all questions from the authorities. Evidence from a drowning is often difficult to preserve, which is why you need an expert on your side as soon as possible.

You should cooperate with first responders, but don’t sign anything from an insurance company until your lawyer is present. It’s important that you’re protected fully, and that you don’t sign away your rights. This is particularly true because the full extent of drowning injuries often isn’t immediately known. Unfortunately, near-death cases can often turn to wrongful death claims in drowning.

You Have Swimming Pool Accident Questions – We Have Answers:

What are the common causes of drowning accidents?

Common causes of drowning include incompetent lifeguard staff, inadequate or defective safety equipment, inadequate warning signs against diving, slippery pool decks, ineffective barriers around the swimming pool, homeowners negligence, defective swimming drains, electrical defects, contaminated water and lack of warning signs.

What are some things I can do to make my home pool safe?

Swimming pools are wonderful additions to a property that are enjoyed by millions of people every year.  However, tragically over 200 young children drown in backyard swimming pools every year.[1]  The American Red Cross suggests owners make pool safety a priority by following these guidelines:

  • “Secure your pool with appropriate barriers. Completely surround your pool with a 4-feet high fence or barrier with a self-closing, self-latching gate. Place a safety cover on the pool or hot tub when not in use and remove any ladders or steps used for access. Consider installing a pool alarm that goes off if anyone enters the pool.
  • Keep children under active supervision at all times. Stay in arm’s reach of young kids. Designate a responsible person to watch the water when people are in the pool—never allow anyone to swim alone. Have young or inexperienced swimmers wear a U.S. Coast Guard-approved life jacket.
  • Ensure everyone in the home knows how to swim well by enrolling him or her in age-appropriate water orientation and learn-to-swim courses from the Red Cross.
  • Keep your pool or hot tub water clean and clear. Maintain proper chemical levels, circulation and filtration. Regularly test and adjust the chemical levels to minimize the risk of earaches, rashes or more serious diseases.
  • Establish and enforce rules and safe behaviors, such as “no diving,” “stay away from drain covers,” “swim with a buddy” and “walk please.
  • Ensure everyone in the home knows how to respond to aquatic emergencies by having appropriate safety equipment and taking water safety, first aid and CPR courses from the Red Cross.”[2]

What are Colorado’s public pool regulations?

Colorado has many public pool regulations under its Code of Regulations. Regulations include, but are not limited to, slope ratios, spa depth (maximum of four feet), wading pool depth (maximum of 18 inches), depth markers, diving board height and length, minimum competitive water depth (four feet), deck areas, overflow gutters, inlets, steps and ladders, suction cleaner, showers, and toilets.  Swimming Pools and Mineral Baths.

Additionally, every public swimming pool is required to have a fence of at least 60 inches in height, have self-closing and latching gates, which will latch at 54 inches in height, and the wrought iron fencing may not be more than four inches in width.  Swimming Pools and Mineral Baths. Furthermore, each entrance must be handicapped assessable and following local ordinances.

May I sue a manufacturer if a defective pool product injured me?

Yes.  Under the Colorado Product Liability Act, a plaintiff may sue a manufacturer for injuries relating to a defective and unreasonably dangerous product. In many swimming pool accident lawsuits, a faulty product or a defective design may be partly responsible for the death or injury. For example, defective swimming drains, insufficient warnings, poor pool design, or faulty gate latches are often credited to accidental drowning. In these instances, a product liability claim may be necessary to hold the manufacturers at fault.

Our Process

When we begin to work with a new client, we start by having a free, no-obligation consultation. This is a casual discussion, typically over the phone, where you talk to one of our team members about your case. You can tell us what happened, how the drowning occurred, and ask us questions. We’ll listen to you, and give you our initial opinion of your case.

Then, if you opt to hire us, we’ll start working on an investigation and your claim. We operate under a No-Fee Promise, which means you aren’t responsible for any out-of-pocket expenses while we pursue your claim. We’ll only get paid if and when we secure a judgment or settlement in your favor.

To get started, call us today at (303) 800-8888 to schedule your free, no-obligation consultation. Drowning is traumatic — let us focus on your claim, so you can turn your attention toward your family.


[1]  American Red Cross, http://www.redcross.org/prepare/disaster/water-safety/home-pool-safety.

[2] Id.