With its sky-high desert temperature, swimming pools are a necessity for many Las Vegas locals and tourists. During the summer, dozens of Las Vegas hotels and casinos host huge pool parties. The owners of these properties, along with the owners of private pools, have a legal duty to make sure their pools are safe and that guests are not vulnerable to preventable injuries and illnesses caused by dangerous conditions.
If you or someone you love has recently been injured in a Las Vegas pool accident, you should be aware of your legal rights. If your injuries were caused by negligence, you could have grounds for a personal injury claim against the pool owner. You can learn more about your legal options after a pool injury by contacting the Las Vegas pool injury lawyers of the Cottle Firm at 702-722-6111.
When Can Pool Owners Be Held Liable for Injuries?
Pool owners can be held liable for injuries and related damages if their negligence contributed to the victim’s injuries.
All pool owners, both residential and commercial, have a legal obligation to keep their pools and other parts of their properties safe from foreseeable hazards. Legally, this obligation is known as a duty of care, which is owed to all visitors. Failing to meet this legal obligation constitutes negligence.
Some common types of pool owner negligence that can lead to preventable swimming pool injuries include:
- Unsecured barriers or gates surrounding the pool area
- Improper chemical treatment affecting water quality in the pool
- Trip-inducing objects scattered near the pool
- Inadequate staffing and oversight
- Fault or hazardous pool drain covers
- Inadequate depth markers and signage
- Cracked or damaged tile flooring surrounding the pool
Negligence in pool injury cases is based on the concept of “foreseeability.” In other words, could the pool owner have reasonably predicted that a particular hazard might harm someone? If so, and they failed to correct it and warn guests, they may be considered liable for any resulting injuries.
It’s also important to understand that Nevada follows a comparative negligence rule. This means that even if the injured person was partially at fault, they may still recover damages. However, their compensation will be reduced by their portion of blame. For example, if you were awarded a $100,000 settlement but were deemed 20% at fault, your final award would be reduced to $80,000.
Differences Between Public and Private Pool Liability
Public Pools Are Subject to State Regulations
Public pool owners must comply with the regulations detailed under the Nevada Administrative Code (NAC 444.008-444.546). These rules cover everything from pool chemistry and filtration systems to required signage and safety equipment. The Southern Nevada Health District is responsible for inspecting and enforcing these standards, particularly at high-traffic pools found in Las Vegas casinos and resorts.
If a commercial establishment like a hotel or casino fails to follow these guidelines and a guest suffers an injury or illness as a result, they may be held liable in a personal injury claim. A Las Vegas hotel and casino injury lawyer can evaluate your case and help you determine whether you have grounds for a claim.
Private Pools Are Held to Common Law Standards
Private homeowners are not bound by the same state pool regulations as commercial establishments. However, they are still legally responsible for exercising reasonable care to prevent harm to their guests. This includes maintaining pool equipment, warning visitors of known dangers, and securing the area to prevent unsupervised child access.
Homeowners who fail to meet this legal duty can potentially be held liable for damages if a guest gets injured due to a foreseeable hazard that went unaddressed.
Liability For Public Pool Injuries
People who use swimming pools at Las Vegas hotels, casinos, or resorts are legally considered invitees. Property owners owe invitees the highest standard of care, as pool visitors usually benefit the property owner by visiting the pool. Public pool owners are expected to meet the following standards to protect their guests:
- Regularly check for hazards and address them promptly
- Regularly inspect the pool and surrounding areas for safety
- Make sure the pool is consistently operated in compliance with codes and regulations
- Provide sufficient warning to guests when addressing a hazard (such as a wet floor sign)
- Train staff to respond to emergencies
Public pools are also required to keep certain times of safety equipment on the premises, including a spinal injury board with neck and head stabilizers, personal protective equipment (i.e. latex gloves and resuscitation masks), at least one Coast Guard-approved rescue throwing device, and at least one reaching pool of 12 to 16 feet.
Lifeguard Requirements
Public pools also have stringent lifeguard regulations, which are not a requirement for pools in private homes.
Las Vegas properties must keep lifeguards on staff if the pool area allows unsupervised children under age 14, or if the pool surface area is more than 2,000 square feet. A lifeguard must also be on duty any time the pool is over 80 percent capacity. To prevent fatigue, lifeguards should work on shift rotations and no lifeguard should be on active watch for more than an hour at a time.
If someone is injured or drowns in a Las Vegas pool that was not following lifeguard regulations at the time, the owner of the pool will likely be considered negligent and could be held liable for damages.
Pool owners can also be considered negligent even if they were following regulations if the lifeguards failed to properly respond to an emergency. The “10/20 rule” is a standard for all types of lifeguards, which states that lifeguards should be able to spot a danger within 10 seconds and get to the victim to assist within 20 seconds. If a pool guest is injured or dies due to an inattentive lifeguard failing to reach them, the pool owner could be held liable.
Private Pool Injury Liability
If you’re a guest at someone’s private pool, it is reasonable to assume that the homeowner has taken all necessary precautions to ensure a safe swimming environment. Homeowners have a legal duty to both maintain their pools in a safe condition and alert their guests to any hazards, such as a malfunctioning ladder or broken tiles surrounding the pool.
Homeowners are also obligated to install proper barriers or fencing around their swimming pools. A pool without sufficient security measures is considered an “attractive nuisance”, which is a legal doctrine that applies to conditions or features on a property that are likely to lure children into a potentially dangerous situation. In such situations, even if a child accesses the pool without permission, the homeowner could still be found liable for any ensuing injuries.
If an injury occurs and the victim wants to take legal action, the claim is typically filed against the homeowner’s insurance policy. If the injured party is successful in their claim, the insurance provider will cover their damages up to the specified limit of the homeowner’s policy. However, if the awarded damages surpass this limit, the injured party has the legal right to pursue additional financial compensation by filing a lawsuit against the homeowner.
Common Causes of Swimming Pool Injuries in Las Vegas
Swimming can be dangerous if hazardous conditions are present in or around the pool. Here are some of the most common types of swimming pool injuries our Las Vegas pool injury lawyers see in our cases.
Drowning
In Las Vegas, drownings can occur at large hotel or casino pools where alcohol consumption is common. Adults can become disoriented or lose consciousness in the water, especially when drinking in extreme heat. Property owners are expected to anticipate these risks and take preventative action, such as hiring security to monitor intoxicated guests or limiting alcohol access near pool areas.
Slips and Falls
Other factors that can contribute to slip and fall accidents include:
- Uneven surfaces
- Worn-out tile
- Algae buildup
- Standing water that hasn’t been mopped
- Inadequate drainage systems, creating puddles
- Poorly lit areas at night
Failure to regularly inspect and maintain walking surfaces may be considered a breach of the property owner’s duty of care.
Pool Chemical Injuries
Improper chemical handling can cause serious health issues, such as chemical burns, skin irritation, red or burning eyes, difficulty breathing, and chemical poisoning. These injuries may result from over-chlorination, mixing incompatible substances, or storing pool chemicals in unsafe areas with high heat or humidity.
Indoor pools are especially vulnerable to ventilation problems. When fumes build up in enclosed areas, swimmers and employees may suffer respiratory distress. Hotel pool operators must routinely test chemical levels and keep detailed logs as part of their health compliance.
Electrical Injuries
Faulty electrical systems around pools can lead to serious injuries or even death by electrocution. Underwater lights, pumps, heaters, and other electrical components must be installed by licensed professionals and inspected regularly.
When wiring is exposed or improperly grounded, swimmers may experience electric shock drowning (ESD), a life-threatening condition in which electrical currents pass through water and paralyze the victim.
Nevada law and building codes require that commercial pool owners comply with strict electrical safety standards. The state also follows National Electrical Code (NEC) 70, which provides nationwide requirements for the installation of electrical systems in pools and spas. Failure to follow these regulations may result in both regulatory penalties and civil liability for any injuries that occur.
Equipment Malfunctions and Product Defects
Broken or defective pool equipment can also cause serious injuries. Examples include malfunctioning diving boards, loose ladders, unsecured drain covers, or faulty filtration systems. These hazards can potentially cause blunt force injuries, entrapment, or suction-related trauma. If an injury was caused by a defective product, the equipment manufacturer or installer may be held liable under Nevada’s product liability laws.
Pool owners are still expected to regularly inspect their facilities and remove or repair any known hazards. Failing to do so can amount to negligence, even if the equipment defect was not their fault initially. This means that in some cases, both the equipment manufacturer and the property owner could be named in a negligence claim.
Compensation in Las Vegas Pool Injury Claims
If you have been injured in a pool accident due to the negligence of a pool owner, you may be entitled to financial compensation for your losses. The exact amount depends on the specifics of your case, including the severity of your injuries and the degree of fault involved.
Types of Damages You May Recover
Victims of pool injuries caused by negligence may be able to recover the following types of damages:
- Medical Expenses: This includes hospital bills, emergency treatment, surgeries, physical therapy, medications, and any future medical care related to your injury.
- Lost Wages: Compensation for income lost while you are unable to work, including time off for recovery or ongoing disability that affects your earning capacity.
- Pain and Suffering: Monetary damages intended to compensate for physical pain, emotional distress, and reduced quality of life caused by the injury.
- Property Damage: If personal belongings were damaged during the accident, you may be reimbursed.
- Wrongful Death Damages: In fatal pool accidents, family members may be able to recover damages for loss of companionship, funeral costs, and other related expenses.
Factors That Influence Compensation
The amount you receive depends on various factors, such as:
- The severity and permanence of your injuries
- Whether the pool owner’s negligence was clear and documented
- Your own degree of fault under Nevada’s comparative negligence laws
Sometimes insurance policies have coverage limits that may not fully compensate for serious injuries. Insurers also attempt to minimize payouts or deny claims altogether. In such cases, victims may pursue additional legal action against the owner and other liable parties.
Talk to Our Las Vegas Pool Injury Lawyers Today
If you or a loved one recently suffered serious or fatal swimming pool injuries, we understand the difficulties your family is facing. Pool owners are legally responsible for keeping their pools safe. When a guest is injured due to the pool owner’s negligence, they may be able to recover financial compensation for related damages, such as medical bills, lost wages, pain and suffering, and other economic and non-economic damages.
At the Cottle Firm, our experienced Las Vegas hotel injury lawyers are prepared to help you seek the financial compensation you deserve. Contact us today at 702-722-6111 to learn more about your legal options in a free consultation.
