A swimming pool injury may involve drowning or near-drowning, a pool deck slip and fall, drain entrapment, electrical shock, chemical exposure, an unsafe diving area, or defective equipment. At Frischhertz & Impastato, our New Orleans pool accident lawyers investigate whether another person or party failed to address a dangerous condition or use reasonable care. We understand that these cases often involve devastating, life-changing injuries or, in the worst cases, death. Our team recognizes what you and your family are going through.
This shouldn't have happened. But it did, and those responsible must be held accountable.
Call (504) 276-6962 to discuss what happened with our personal injury team and learn what your next steps may involve.
A Team of Attorneys Working Together for Injured Clients
Conditions can change quickly after a swimming pool accident. Surveillance footage showing what happened may be overwritten, defective equipment can be repaired, and witnesses may be difficult to locate. We work fast to preserve evidence early before critical information disappears.At Frischhertz & Impastato, our eight attorneys draw on varied backgrounds and more than 85 years of combined experience. We take a collaborative approach to personal injury representation, bringing multiple perspectives to the legal and factual issues in each case.
Common Hazards Behind Swimming Pool Accidents
Serious swimming pool injuries don't just happen at home; they can occur at hotels, apartment complexes, condominiums, short-term rentals, private residences, gyms, public pools, and recreational facilities. Evaluating a potential claim requires more than identifying the location. It requires examining the condition or conduct that contributed to the incident.
Potential hazards and failures include:
Unsafe access: Missing barriers, broken gates, or inadequate measures to restrict entry
Dangerous surfaces: Slippery decking, damaged walkways, or poorly maintained stairs
Unsafe operations: Insufficient supervision, improper chemical conditions, or exposed electrical hazards
How Louisiana Premises Liability Applies to Pool Injuries
Premises liability governs many claims involving unsafe property conditions. Louisiana Civil Code Article 2315 provides a general basis for recovering damages caused by another person’s fault. Article 2317.1 addresses harm caused by something's ruin, vice, or defect, including questions of knowledge, reasonable care, preventability, and causation.
An injury alone doesn’t establish a claim. The analysis may consider who controlled the pool, whether a condition created an unreasonable risk, what the owner or operator knew or should have known, and whether reasonable precautions could have prevented the harm. Depending on the evidence, responsibility may involve an owner, operator, management company, maintenance contractor, equipment manufacturer, or another party.
The location can also determine which law applies. An accident at a land-based New Orleans property may raise Louisiana premises liability issues. An incident aboard a cruise ship or in another maritime setting may involve different laws, contracts, and filing deadlines.
Evidence That Can Establish What Happened
We examine the available proof rather than rely on assumptions about how an accident occurred. Relevant evidence may include photographs, surveillance video, incident reports, inspection and maintenance records, posted warnings, prior complaints, witness statements, staffing records, and medical documentation.
Preservation should begin as early as possible. We can identify which parties may hold relevant records and determine what physical conditions or equipment should be documented during the investigation.
Swimming pool accidents can cause brain injuries from oxygen deprivation, spinal trauma, fractures, chemical burns, electrical injuries, disfigurement, disability, psychological harm, and wrongful death. We represent injured people and families facing serious physical, financial, and emotional consequences.
Depending on the facts and applicable law, a claim may address:
Past and future medical treatment
Rehabilitation and supportive care
Lost income and reduced earning ability
Physical pain and emotional distress
Disfigurement, disability, and loss of enjoyment of life
Wrongful death losses suffered by eligible family members
Available damages depend on proof of causation, the severity and duration of the injuries, Louisiana law, insurance coverage, and other case-specific factors. Each claim presents different medical evidence and financial consequences.
Talk to Us Before You Speak With an Insurance Adjuster
After a swimming pool accident, there are certain steps you should take to protect your legal rights and future recovery. First, obtain appropriate medical care, even if the full extent of the injury isn’t immediately clear. When possible, photograph the pool area, barriers, equipment, warnings, and visible injuries. Keep bills, medical records, communications, and witness contact information.
You should also avoid speculating about fault or minimizing your injury in a recorded statement. An adjuster may request information before you know who controlled the property, whether equipment failed, or what records exist. A case review can clarify the potential parties, insurance issues, and evidence needed for further investigation.
For actions arising on or after July 1, 2024, Louisiana Civil Code Article 3493.1 generally provides a two-year prescription period. This is Louisiana’s deadline for bringing a civil claim. Different rules or exceptions may apply to older incidents, minors, public entities, maritime injury claims, and other circumstances, so the deadline requires a case-specific review.
Pool Accident Claims That May Need Additional Legal Analysis
Some cases involve additional parties, legal frameworks, or factual questions that can change how responsibility is evaluated.
Child Injuries A child’s age, level of supervision, access to the water, available barriers, warnings, and the condition that caused the incident may all affect the analysis.
Commercial and Rental Properties Hotels, apartment complexes, condominiums, and short-term rentals may involve overlapping responsibilities among owners, operators, management companies, contractors, and insurers.
Defective Pool Equipment A defective drain cover, ladder, diving board, slide, pump, or other component may raise product liability questions in addition to premises liability. The federal Virginia Graeme Baker Pool and Spa Safety Act requires compliant anti-entrapment drain covers at public pools and spas, with additional requirements for certain drain configurations.
Discuss Your New Orleans Pool Accident with Our Team Today
Our swimming pool accident attorneys can examine what happened, identify the legal and evidentiary issues, and explain whether the facts support further investigation. Frischhertz & Impastato has recovered more than $700 million for injured people and their families across our personal injury practice.
Your consultation is free, and you don’t pay unless we recover compensation for you. You can learn about your rights, potential options, and next steps before deciding how to proceed.
Call (504) 276-6962 to speak with our team about your swimming pool accident in New Orleans.
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