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Swimming Pool Accidents


Everyone knows how fun a local swimming pool can be. Swimming pools also can be very dangerous by their nature. When the right safety precautions are not taken by the pool owner, a fun and innocent setting can become dangerous, even deadly. If you or a loved one are injured while using another person’s swimming pool, contact personal injury Attorney John M. Cichelero. Mr. Cichelero handles Missouri personal injury cases on a No Fee if No Recovery basis. He also handles some cases in parts of Illinois. For a free consultation, call 314-205-2886 or contact Mr. Cichelero directly via e-mail.


All swimming pool owners have a legal obligation in Missouri to take necessary safety precautions to ensure that their pool is safe from harm. The first and most important precaution that must be taken by a pool owner is to make sure that the ability to enter a pool is severely restricted. In other words, the pool owner must take steps to build a fence around the pool to prevent the innocent from entering unsupervised. A St. Louis injury attorney would tell you that any such fence should be built tall enough so that others cannot climb the fence with ease. Additionally, with any gate that is provided as part of the fence, that fence must be secured with a self-locking gate lock. Missouri lawyers also will look at state and local ordinances regarding pool ownership.


Children are most vulnerable when it comes to pool accidents. The younger the victim, the less likely that they will be able to swim on their own, or realize the dangerous nature of the pool. Additionally, there are certain circumstances when older individuals may suffer harm in a swimming pool. Not everyone has the same experience or skill when it comes to swimming or staying afloat. There are times when an older kid or even an adult overestimates their ability to swim. Sometimes the victim is swimming at night. Other times, the victim has consumed alcohol or is not using caution when the injury occurs.


Anyone who has been poolside during a St. Louis summer knows that young swimmers sometimes get overly excited when using pool toys and they do not always use caution.  Getting caught in the moment, or “pushing it” a little, kids sometimes act irresponsibly when using water toys. As a result, there are times when young ones, often the youngest, act in a way that can put them or others at a greater risk. When safety rules are not made clear to pool occupants, someone can get hurt. At times, defects in pool toys themselves may be the cause of injury and give rise to a Missouri product liability claim.

Another example of unsafe pool conditions relates to pool surfaces. Some pool top surfaces are overly slick. Pool owners are obligated to ensure that these pool surfaces are made or prepared in a way that the users are able to move around the pool without risk of slipping and suffering an injury.


In addition to swimming pools, injuries also can be sustained with unsafe hot tubs. Children, especially, do not always distinguish between a swimming pool and a hot tub. To them, hot tubs are nothing more than smaller, warmer swimming pools. For this reason, they can sometimes be more inviting.

Unfortunately, hot tubs can be as dangerous as or more dangerous than swimming pools. Because they have jets and, therefore, have a whirlpool effect, they can be even more dangerous. Like swimming pools, the surface leading up to the tub can be quite slippery, causing falls. As with pools, a St. Louis injury lawyer would know that particular safety precautions must be taken to prevent injuries with an owner’s hot tub.


There are times when someone very young or one who is unable to swim enters a pool or hot tub unsupervised, and the result is the drowning of that child or person. This tragic event happens much more often than one would expect. When this happens, the event is devastating to the family of that victim.

Under circumstances where the tragedy was caused due to the negligence of the pool owner, the victim’s family may have a wrongful death claim to pursue. Missouri wrongful death claims are governed by a State law that is commonly referred to by injury attorneys as “the wrongful death statute.” This statute directs, in great detail, who may bring such a claim for recovery and by what means. Missouri wrongful death attorneys will present damages based on the factors enumerated in the Missouri wrongful death statute.


If you or someone you know has been injured in a swimming pool or hot tub accident, contact Attorney John M. Cichelero for a free consultation. Your claim will be handled on a No Fee if No Recovery basis. If you would like to discuss your claim, you may reach Mr. Cichelero via e-mail or by calling 314-205-2886.

He handles cases in St. Louis City, St. Louis County, Jefferson County, St. Francois County, Franklin County, Washington County, Lincoln County, Madison County and most other counties or cities within Missouri. Mr. Cichelero also represents clients in parts of Illinois, including Granite City, Collinsville, Alton, Wood River, Fairmont City, Edwardsville, Belleville, Shiloh, Fairview Heights, and O’Fallon.

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