Accidents and injuries from pools aren’t as simple as they may seem. Oftentimes, to pursue a case like this, you will likely need evidence from:

• surveillance footage
• maintenance records
• witness statements
• property safety procedures

Our Las Vegas swimming pool accident lawyers understand how pool liability works in Nevada. We also know how these cases may be handled in Las Vegas.

Our firm has experience handling serious injury claims and disputes with insurance companies. Whether the case involves a hotel pool, private residence, apartment complex, or public property, we work to protect our clients and pursue fair compensation under Nevada law.

In addition, for cases like these, there are no upfront attorney fees. We handle swimming pool accident cases on a contingency fee basis. This means we only earn a fee if we recover compensation for you.

Contingency Fee Disclaimer: Clients may be responsible for court costs. In some cases, they may also be responsible for opposing parties’ fees if a recovery is not obtained.

Swimming pool accidents can lead to serious injuries. It can be very overwhelming to deal with the prospect of recovering both physically and financially. We get it, and we often help people when they are going through very difficult moments.

That’s one of the reasons why we handle much of the legal process for our clients. This way, you can focus on healing while we assist with claims, insurance, liability and lawsuits.

Our goal is to help investigate the incident clearly. We work to:

• identify liability
• prove negligence if that’s what we believe happened, and
• pursue fair compensation

After incidents on someone else’s property, it’s essential to start work early. This is because some evidence can be harder to obtain as time goes by. Many venues delete video surveillance footage and other records after a certain amount of time passes. We understand what evidence needs to be gathered quickly and how to do so.

Local Experience in Clark County Courts

Our law firm is run by locals. We have a pretty good understanding of how the court system works in Clark County and what you may end up dealing with.

Locally based legal help can be extra helpful in a state like Nevada that has comparative negligence laws which can directly impact your potential financial recovery.

Meet Aaron A. Winder

Our firm is run by Attorney Aaron A. Winder. He is a Nevada personal injury lawyer and 4th generation Nevada local who is active in the local community. Aaron believes in providing personal attention and compassionate legal services to all clients.

You can check out Aaron’s bio and learn more about his story.

Investigating Pool Conditions and Liability Evidence

If you work with Winder Law Firm, a Las Vegas pool accident attorney will work to investigate your case. We will gather evidence records to understand what happened and who may have been responsible.

Specific evidence we will work to gather ASAP:

• video surveillance footage
• facility maintenance logs
• incident reports
• inspection records
• witness statements
• photos of hazards
• past safety violations

As we said above, it’s important to act quickly after an incident to gather evidence. Many venues regularly delete their security camera footage and other records. We can take steps to help preserve it or request that they aren’t allowed to delete it yet.

Handling Insurance Companies and Settlement Negotiations

Businesses and residents usually have insurance to help cover costs of incidents that happen on their property. Many insurers aim to minimize the amounts they pay out to affected parties, and may try to deny claims.

Many insurance companies will try and give low settlement offers early, they will often try to call you on a recorded line and might even use statements you make against you later on. For this reason, we recommend speaking with a pool accident lawyer before giving recorded statements to insurance companies.

We negotiate with insurance companies on behalf of our clients to pursue fair settlements. If we believe the settlement offers are not enough, we may escalate to litigation.

If you or a loved one were hurt while at a swimming pool, you may think, “this is the pool owner’s fault.” While you may be correct, oftentimes it’s not that simple.

Many pool injury claims come down to something called “duty of care.” This means the responsible party had an obligation to address safety risks and protect guests from preventable harm. If they fail, they may be held liable.

So, the real question is whether someone who was responsible for the area failed to keep it reasonably safe.

In many cases, the liability depends on who was controlling or maintaining the pool area. In fact, under Nevada law, multiple parties may even share the liability.

This section explores who may be liable for a pool accident in Las Vegas.

Possible At-Fault Parties

In Nevada, liability is generally based on who created, ignored, or failed to fix a known hazard.

Hotel, Resort, and Casino Owners

Vegas, as a top entertainment destination in the United States, is full of hotels and resorts. These businesses are required to maintain reasonably safe premises for their paying guests.

Some of their duties under the law include:

• conducting required inspections
• repairing hazards
• maintaining appropriate staffing levels
• warning guests of hazards

Some of the common risks these venues face are:

• overcrowding
• wear and tear
• alcohol service
• inadequate supervision

Private Homeowners

In Nevada, when a property owner invites guests to use their pool, they may be responsible for injured guests. They also have a duty to fix known dangers and warn guests of any known hazards.

If children are harmed, the “attractive nuisance” doctrine in Nevada law may come into play. Attractive nuisance generally means dangerous conditions on a property may attract children and bring risks to their safety. For this reason, property owners with pools need to:

• install fencing
• secure gates
• ensure barriers are strong
• warn of hazards

Property Managers and Event Operators

The person who owns the property is not always the one in control. Property managers, HOA managers, venue operators, and event organizers can face liability if they were responsible for repairs, security, or guest safety.

This can include pool parties, rented venues, and outside events where too many people were allowed in, alcohol risks were not handled right, or safety issues were ignored.

Lifeguard Companies and Pool Staff

When lifeguards or pool staff are present, they are expected to actively watch swimmers and respond quickly during emergencies.

Liability can arise from negligent supervision, delayed rescue efforts, distraction, or failure to notice distress. The presence of a lifeguard does not automatically remove liability from the owner or operator.

Manufacturers of Defective Pool Equipment

Some pool injuries are tied to faulty equipment instead of the condition of the property itself. This can involve drains, ladders, covers, lighting, or electrical parts.

These claims can be brought against a manufacturer, distributor, or installer. Suction entrapment, electric shock, and equipment failure during normal use are common examples.

Settlement Disclaimer: Past results do not guarantee future outcomes. Each case is unique, and compensation depends on individual circumstances.

When a claim or a lawsuit is filed, the affected party is seeking compensation. Compensation aims to cover both economic losses, or damages, and non-economic losses. An example of a non-economic loss is personal suffering.

It’s important to note that any compensation, if awarded, is based on factors like the severity of injuries and long-term impact on affected parties. Each case is fact specific and based on its own unique situation.

Economic Damages

Settlement Disclaimer: Past outcomes don’t predict future results. Each case is different.

In terms of compensation, economic damages aim to cover financial costs from the incident that can be added up. These have a dollar amount directly tied to them.

For example:

• Medical expenses (hospital bills, rehabilitation, medication etc)
• Lost income or reduced earning capacity
• Other necessary expenses like transportation or home modifications etc

Non-Economic Damages

Settlement Disclaimer: Past outcomes don’t predict future results. Each case is different.

Non-economic damages aim to cover losses from an incident that are not directly tied to dollar amounts. These can be much harder to calculate.

Some examples include:

• Pain and suffering (physical and emotional)
• Emotional distress, trauma, anxiety
• Loss of enjoyment of life and permanent disability

Wrongful Death Damages

Settlement Disclaimer: Past outcomes don’t predict future results. Each case is different.

In Nevada, the surviving relatives of someone who passed away can bring a claim against a party whose actions contributed to the death.

The damages seek to cover expenses such as:

• Funeral and burial expenses
• Loss of financial support and companionship
• Emotional losses suffered by surviving family members

Punitive Damages

Settlement Disclaimer: Past outcomes don’t predict future results. Each case is different.

In very rare cases, the court may award something called punitive damages. This is generally when extreme negligence or reckless conduct led to someone’s injuries.

For example, let’s say a hotel had repeated violations and knowingly ignored dangerous conditions.

The purpose of punitive damages is punishment and deterrence, not compensation.

This section reviews some of the laws relevant to swimming pool accident claims in Nevada.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or change. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

In Nevada, some people who are affected by swimming pool accidents can still recover compensation even if they are partially at fault.

Here is a summary of the law:

NRS 41.141 – Allows an injured person to recover damages if their percentage of fault is not greater than the combined fault of the defendant(s). Any award is reduced by the plaintiff’s share of negligence.

Example: If a pool accident victim was less than 51% responsible, they may still pursue compensation. The total award is reduced by their portion of fault, so 20% fault would reduce recovery to 80%. That means if the damages were valued at $100,000, they would only get $80,000.

Nevada’s Statute of Limitations

In Nevada, a party affected by an injury generally has 2 years from the date of the injury to bring a claim.

NRS 11.190 – Sets strict time limits (including a 2-year deadline for injury or wrongful death claims) within which a person can file a lawsuit.

Nevada Specific Laws related to Swimming Pool Accidents

NRS 41.085 – Allows heirs and estate representatives to file a lawsuit and recover damages when a person’s death is caused by another’s wrongful act or negligence.

NRS 41.130 – Holds a person (and potentially their employer) legally responsible for damages if they cause injury through wrongful acts or negligence.

NRS 41.510 – Limits a property owner’s liability for injuries occurring during recreational use of their land unless exceptions like willful misconduct or paid access apply.

NRS 444.100 – Allows health authorities to suspend or revoke a pool’s permit if it is operated in unsafe or unsanitary conditions and requires compliance with corrective actions and regulations.

NRS 444.110 – Declares improperly constructed or operated swimming pools as public nuisances dangerous to health and allows authorities to take legal action to stop or fix them.

Local Pool Safety & Lifeguard Requirements

Southern Nevada Health District Aquatic Facility Regulations – Confirms that public pools in Southern Nevada are regulated under NAC 444 and additional local aquatic facility regulations.

Required Signage – Requires aquatic facilities to display specific safety and informational signage in accordance with NAC 444 standards.

Staffing and Lifeguarding Requirements – Requires aquatic facilities to provide lifeguards at specified ratios and maintain qualified operators and water quality monitoring during operation.

Barrier Requirements – Requires temporary aquatic venues to have compliant barriers or an approved security plan during operation.

Operations – Requires health authority oversight, inspections, and enforcement of sanitation and safety standards at permitted aquatic facilities.

A pool accident can go from normal to serious in seconds. What you do next can help your recovery and preserve proof of what happened.

Ensure Your Immediate Safety

Make sure you or the affected person is out of danger. Assist others if it is safe to do so. Take steps to avoid further injury. Get out of the dangerous area or situation.

Call for Help and Seek Medical Attention

In the case of serious injuries or drowning, call 911 immediately. Even if you aren’t sure if someone needs medical help, it’s likely still worth it to call, this is because:

• An emergency medical response can create documentation of the incident. This may become useful for an insurance or legal claim later on.
• There are many injuries that have delayed symptoms like concussions for example.

Document the Scene

Documentation of the scene of an incident can be very important later on for proving what happened.

Take photos and videos of the scene. Make sure to document hazards like:

• a wet pool deck
• broken equipment
• the presence or absence of a lifeguard and signage

Get the names of witnesses and their contact information too.

Report the Incident to Property Management

Make sure you tell the relevant party in charge of the pool what happened. This may be hotel staff, a homeowner, a facility manager or someone else.

Most importantly:

• Request an incident report, make sure you keep a copy and put it somewhere safe.
• Avoid signing liability waivers.

Talk to a Lawyer Before Insurance or Legal Action

As we explained above, insurance companies may seek to pay as little as possible or deny claims. They use tactics like early low offers and recording calls to do so. We recommend speaking with Las Vegas pool accident attorneys before giving statements to insurance companies to protect your rights.

Injuries sustained in a swimming pool environment range from minor to severe. This section reviews some of the more common ones that may lead to a legal claim.

Drowning and Near-Drowning Injuries

According to the World Health Organization, drowning is the process of experiencing respiratory impairment from submersion or immersion in liquid. The possible outcomes include:

• death
• Injury, including brain damage
• no lasting harm

Traumatic Brain Injuries and Oxygen Deprivation

A traumatic brain injury or TBI, is an injury that disrupts normal brain function.

According to Mayo Clinic, a traumatic brain injury is usually caused by:

• a violent blow or jolt to the head or body
• an object that penetrates brain tissue

The symptoms can range from mild to severe long-term damage or even death.

• Caused by impact or lack of oxygen
• Include cognitive impairment and memory issues
• Often long-term or permanent

Spinal Cord and Neck Injuries from Diving

According to the Shepherd Center, diving injuries are serious trauma that can happen when a person dives into water and strikes the bottom, side of a pool, or hidden objects. Diving injuries can sometimes cause life-altering spinal cord or neck injuries.

Broken Bones, Lacerations, and Slip-and-Fall Injuries

Some common injuries people get from unsafe pool conditions include:

• broken bones and fractures
• lacerations (a skin wound like a cut)
• dislocations

These are oftentimes caused by slick surfaces or falls.

Electrocution and Chemical Exposure Injuries

Some pool related injuries are due to chemical imbalances in the water which can cause burns and irritation. Electrocutions also happen because water conducts electricity, these are usually caused by faulty wiring or pool lighting.

Not every pool accident is the same. As we explained above, who may be responsible often depends on:

• where the injury happened,
• who controlled the area
• what safety steps were expected under the circumstances

Hotel & Resort Pool Liability

As we have explained, hotels and resorts in Las Vegas usually owe paying guests a duty of reasonable care. This generally means:

• keeping the pool area reasonably safe
• addressing known hazards
• managing overcrowding
• providing proper supervision and staffing when needed

Residential Pool Accidents and Homeowner Insurance

When someone is hurt at a private residence, the injury claim is generally handled through the homeowner’s own insurance policy.

Remember, the homeowner is still responsible for the safety of invited guests. They need to make sure the conditions are safe, repairs are taken care of and the pool is reasonably secured so kids can’t get hurt.

Dayclubs, Pool Parties, and Alcohol-Related Risk Factors

Dayclubs and large pool parties can create more risk due to:

• alcohol use
• crowding
• slippery surfaces
• reduced supervision

Remember, most pool injury claims are based on negligence. This means someone failed to use reasonable care and that led to harm.

In order to successfully pursue a claim, evidence that can prove the following is generally needed:

1. Duty of care

As we have described, property owners need to keep pool areas reasonably safe. (Inspections, repairs, warnings, etc)

2. Breach of that duty

This means the party responsible for keeping the pool area safe failed to act in a reasonable way.

• Examples: broken ladders, slippery walkways, bad lighting

3. Causation

It needs to be shown the hazard caused the injury. Showing a hazard existed is not enough.

4. Damages

Affected parties need to show real loss occurred.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117