Toronto Swimming Pool Accident Lawyers

Verkhovets Law, Toronto swimming pool accident lawyers, know that while a swimming pool is an oasis on a hot summer day, an accident can change everything in an instant. Statistics compiled by the Canadian federal government between 2011 to 2019 show that 57 per cent of all drownings in Canada happened in swimming pools in both residential and public settings. A CBC report on kids drowning notes that children under age four are tragically the most at risk.

Our Toronto swimming pool accident lawyers note pool accidents can happen in many ways. A child suffers potentially life-threatening injuries in a hotel pool. A senior cracks his head after slipping on the neighbour’s wet deck. A girl’s ponytail is sucked into a drain entrapment hazard. A teenager wants to show off to his friends and dives into the shallow end of the pool, suffering a spinal cord injury. They all may have a civil claim for compensation for losses caused by someone else’s negligence. You may too.

Verkhovets Law, Toronto swimming pool accident lawyers, understand that after you or a loved one has been injured in a swimming pool accident, it is difficult to figure out the legalities of a personal injury claim. We know the way a case is handled depends on each accident’s specific circumstances. From the negligent pool owner – be it a residential, municipal, hotel, waterpark, wave pool, or gym – faulty equipment manufacturer, or a careless buddy who shouldn’t have pushed you in, we have experience holding those responsible liable for your swimming pool accident and recovering your damages.

Even if young child dove into the shallow end of the swimming pool and hurt himself? Yes, at least partialy.

Our Toronto swimming pool accident lawyers note, for example, the child should’ve been warned of the pool’s depth by the owner. So, while the accident is partly child’s fault for going head-first into shallow water, it’s not 100 per cent on him because the pool owner didn’t have proper signage. We know it should be argued child’s damages be shared under contributory negligence.

The Toronto swimming pool accident lawyers at Verkhovets Law advise that just like other similar personal injury cases, these accidents are covered under the Occupier’s Liability Act (the OLA), which holds the pool owner to a duty of care to ensure everyone is safe from incurring a range of injuries – including those arising from slip, trip and falls.

Damages are awarded if a link can be proven between the negligence and the resultant death or injury. Don’t hesitate to make a claim against an at-fault neighbour: usually the payment comes from their homeowner’s insurance.

Verkhovets Law, Toronto swimming pool accident lawyers, also note that while not all legal cases involving pool incidents are fatalities, we would pursue a wrongful death claim on your behalf when a loved one drowns.

We also know how to seek damages for injuries with a tort claim, usually against the negligent party’s insurance, brought under the Family Law Act (FLA). Pain and suffering is the legal term for the physical and emotional stress caused from an injury and you can get compensation for that, too.

Our Toronto swimming pool accident lawyers further advise that a product liability lawsuit alleging negligence can be launched if swimmers are injured by defectively manufactured and designed products. This includes inflatable pool toys, swimming aids, cleaning equipment, diving boards, ladders – anything that is defective and causes harm – including the pool itself. Call or email us today to start your claim.

Drain entrapment – Verkhovets Law, Toronto swimming pool accident lawyers, define drain entrapment injuries as those that are caused when the pool’s drain suction grabs hair, bathing suit, or parts of the body. It can cause serious or fatal injuries including brain damage/traumatic brain injury, broken bones, drowning, evisceration and disembowelment, lacerations, internal organ damage, and nerve damage or paralysis.

Limitation period – Our Toronto swimming pool accident lawyers know the limitation periods in personal injury law are crucial and can make or break whether you can even sue at all. Governed under the Limitations Act in Ontario, it means there is a 2-year time limit to initiate a claim. A claim filed after that time limit will be barred from continuing.

Verkhovets Law, Toronto swimming pool accident lawyers, note that time is of the essence after a swimming pool accident if you’re planning to file a claim under the Occupier’s Liability Act. In fact, in Ontario, the provincial government changed the Act in 2021 to a maximum of 60 days for written notice to be given to the other party after certain types of accidnets – it’s important to have your legal team in place as soon as possible.

Our Toronto swimming pool accident lawyers know with the  Occupiers’ liability changes, it’s mandatory for a plaintiff to serve the written notice personally or by registered mail against the swimming pool owner. Failure to do so will result in being prevented from advancing a claim.

If you are applying for statutory accident benefits, you have seven days to let your insurance company know and 30 days to complete the application.

Verkhovets Law, Toronto swimming pool accident lawyers, understand that taking legal action is the best course of action if your injuries happened because someone else was negligent. We know it’s confusing and can be frightening to sue someone after a swimming pool accident – but it’s an important step for your future, both financially and physically.