Free consultation with an injury lawyer. Call 412-802-6666, text 412-855-5511, or send us a message.
Pools should be fun. When an owner ignores basic safety, children and families pay the price.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it. Children are especially at risk around water because they cannot appreciate the danger of drowning. A near-drowning can cause permanent brain injury.
Common Pool Injuries
- Drowning and near-drowning
- Diving injuries to the head, neck and spine
- Drain entrapment
- Slips and falls on wet or damaged surfaces
- Electrical shock from faulty wiring or lighting
What Pool Owners Should Do
- Keep a fence or barrier around the pool to keep unsupervised children out, and inspect it for gaps and weak spots
- Use a gate that locks or latches securely, and maintain it
- Post depth markers and warnings, including when no lifeguard is on duty
- Repair cracks and defects in and around the pool
- Keep the deck clear of hoses, debris and tripping hazards
- Use drain covers and safety systems that prevent entrapment
- Provide trained lifeguards where required or promised
Pennsylvania and Federal Rules You Should Know
- Children who wander in. Pennsylvania follows the “attractive nuisance” rule. An owner can be liable to a trespassing child hurt by a dangerous artificial condition, such as a pool, when the owner knew or had reason to know children were likely to come onto the property, among other requirements.
- Drain safety. The federal Virginia Graeme Baker Pool and Spa Safety Act requires public pools and spas, including those at hotels, clubs and apartment complexes, to have anti-entrapment drain covers. Some must also have a second safety system.
- Deadline. Most injury lawsuits must be filed within two years. Claims against a government agency require written notice within six months, and immunity laws limit some claims.
- Injured children. For a child, the two-year deadline generally does not start running until the child turns 18. Waiting is rarely wise, though. Evidence and witnesses are easier to find early.
- Shared fault. You can recover if you were 50% or less at fault. Your award is reduced by your share.
- No cap. Pennsylvania does not cap compensatory damages in these cases.
Who May Be Responsible
- Homeowners and landlords
- Apartment complexes and homeowners associations
- Hotels, gyms, clubs and camps
- Municipal pools
- Pool maintenance and lifeguard companies
- Manufacturers of defective drain covers, pumps and equipment
How We Build Pool Cases
- Act fast. We document the fence, gate, drains, signs and lifeguard staffing before anything changes.
- Gather the records. Inspection reports, maintenance logs, staffing schedules and video.
- Experts when they matter. Aquatic safety witnesses and medical specialists explain what went wrong and what it means for the future.
- Trial-ready. Insurance companies know we are prepared to try cases to a jury.
What You Can Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures
- Scarring, disfigurement and permanent disability
- Wrongful death and survival damages for the family of a person killed
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
