Las Vegas Swimming Pool Accident Lawyer

Who Can Be Held Liable for a Swimming Pool Accident in Nevada

Under Nevada's modified comparative negligence law outlined under NRS 41.141, multiple parties can be held liable for a swimming pool accident.

Some of the most commonly held responsible parties for swimming pool accidents and drowning incidents are explored below.

Property Owner

Pool owners such as homeowners, hotel operators, landlords, and other pool-owning property owners may be held liable for a swimming accident on their property under Nevada premises liability laws, which state that the property owners must take reasonable steps to prevent accidents.

Reasonable steps a property owner should take to avoid potential swimming accidents include:

• Installing nonslip pool deck surfaces
• Replacing broken drain covers
• Posting signs warning of potential hazards
• Installing a security fence

Business Owner

Similar to a property owner, under Nevada premises liability law, an owner of a business that operates a public pool, such as a hotel, gym, or community center, owes a duty of care to guests and can hold legal liability if that duty of care is breached by them not ensuring swimming pool safety.

Pool Maintenance Company

If a pool owner hires a third-party company to maintain or clean their pool and the company commits a negligent act, such as failing to maintain proper chemical levels or inadequately repairing broken pool equipment, and it results in injury or a drowning accident, the pool company could share liability in the accident.

Pool Product Manufacturers

When a defective product, such as a faulty drain cover, diving board, water slide, or pool ladder, results in a swimming or drowning accident, the product manufacturer can be held liable under Nevada product liability laws outlined under NRS Chapter 695E.

Lifeguards and Pool Staff

On-duty lifeguards and other pool staff members are responsible for preventing and reporting incidents.

In cases where a lifeguard's or other pool staff's actions are considered negligent, they and their employers could be held liable.

Common Types of Swimming Pool Accidents

While swimming pools are meant for fun and enjoyable activities such as pool parties, accidents can happen with some of the most common types of pool accidents that result in lawsuits being:

• Slip and Fall Accidents: Wet pool decks, uneven surfaces, or poor maintenance can lead to slip and fall accidents, resulting in severe injuries.
• Near-Drowning and Drowning Accidents: Especially common in situations with young children and where no one is ensuring proper adult supervision, fatal drowning or near-fatal drowning accidents can occur.
• Diving Accidents: Serious injuries can occur when pool owners don't routinely inspect their diving platform or the pool is too shallow for diving.
• Defective Pool Equipment: Many pool accidents occur due to a faulty pool drain, pump, or even pool toy.
• Lack of Supervision or Untrained Lifeguards: Lack of supervision or inadequate lifeguards can lead to serious incidents such as a drowning accident.

If you suffered any of the common types of swimming pool accidents listed above, schedule a free case evaluation with one of our Las Vegas swimming pool accident lawyers by calling (702) 566-3600 to learn if you have a valid swimming pool accident lawsuit.

What Are the Pool Laws in Las Vegas?

Las Vegas has numerous laws, regulations, and local ordinances relating to private and public pools.

Failure to comply with Nevada pool laws or regulations could result in fines or legal liability.

Pool Fencing Requirements

Las Vegas has local pool ordinances that outline the pool fencing requirements for residential pools to prevent access from unauthorized entities such as children.

Key factors of Las Vegas's swimming pool fencing requirements include:

• Fences shall not be less than 60 inches (5 feet)
• Gates must be self-closing and self-latching
• Gates should open away from the pool
• Any latch for a gate should be located at least 50 inches above the ground

Public Pool Safety Requirements

Public swimming pools, such as those at hotels, water parks, community centers, or apartment complexes, must follow the health and safety standards outlined by the Southern Nevada Health District.

Such health and safety standards include:

• Having certified and trained lifeguards
• Having accessible and functional emergency and rescue equipment
• Having property signage to warn of potential hazards
• Maintaining proper water quality

Drain Safety Act

While not a Nevada law but a federal law under the Virginia Graeme Baker Act, Nevada public pools must install anti-entrapment drain covers to prevent pool suction-drain injuries or death.