Toronto Swimming Pool Accident Lawyers
Verkhovets Law, Toronto swimming pool accident lawyers, know that while a swimming pool is an oasis on a hot summer day, an accident can change everything in an instant. Statistics compiled by the Canadian federal government between 2011 to 2019 show that 57 per cent of all drownings in Canada happened in swimming pools in both residential and public settings. A CBC report on kids drowning notes that children under age four are tragically the most at risk.
Our Toronto swimming pool accident lawyers note pool accidents can happen in many ways. A child suffers potentially life-threatening injuries in a hotel pool. A senior cracks his head after slipping on the neighbour’s wet deck. A girl’s ponytail is sucked into a drain entrapment hazard. A teenager wants to show off to his friends and dives into the shallow end of the pool, suffering a spinal cord injury. They all may have a civil claim for compensation for losses caused by someone else’s negligence. You may too.
The importance of hiring our Toronto swimming pool accident lawyers
Verkhovets Law, Toronto swimming pool accident lawyers, understand that after you or a loved one has been injured in a swimming pool accident, it is difficult to figure out the legalities of a personal injury claim. We know the way a case is handled depends on each accident’s specific circumstances. From the negligent pool owner – be it a residential, municipal, hotel, waterpark, wave pool, or gym – faulty equipment manufacturer, or a careless buddy who shouldn’t have pushed you in, we have experience holding those responsible liable for your swimming pool accident and recovering your damages.
Even if young child dove into the shallow end of the swimming pool and hurt himself? Yes, at least partialy.
Our Toronto swimming pool accident lawyers note, for example, the child should’ve been warned of the pool’s depth by the owner. So, while the accident is partly child’s fault for going head-first into shallow water, it’s not 100 per cent on him because the pool owner didn’t have proper signage. We know it should be argued child’s damages be shared under contributory negligence.
The Toronto swimming pool accident lawyers at Verkhovets Law advise that just like other similar personal injury cases, these accidents are covered under the Occupier’s Liability Act (the OLA), which holds the pool owner to a duty of care to ensure everyone is safe from incurring a range of injuries – including those arising from slip, trip and falls.
Damages are awarded if a link can be proven between the negligence and the resultant death or injury. Don’t hesitate to make a claim against an at-fault neighbour: usually the payment comes from their homeowner’s insurance.
Verkhovets Law, Toronto swimming pool accident lawyers, also note that while not all legal cases involving pool incidents are fatalities, we would pursue a wrongful death claim on your behalf when a loved one drowns.
We also know how to seek damages for injuries with a tort claim, usually against the negligent party’s insurance, brought under the Family Law Act (FLA). Pain and suffering is the legal term for the physical and emotional stress caused from an injury and you can get compensation for that, too.
Our Toronto swimming pool accident lawyers further advise that a product liability lawsuit alleging negligence can be launched if swimmers are injured by defectively manufactured and designed products. This includes inflatable pool toys, swimming aids, cleaning equipment, diving boards, ladders – anything that is defective and causes harm – including the pool itself. Call or email us today to start your claim.
Toronto swimming pool accident lawyers explain the range of injuries
Verkhovets Law, Toronto swimming pool accident lawyers, note the range of injuries arising from a swimming pool accident runs the gamut from cuts and bruises to broken bones, head injuries, spinal cord injuries, and wrongful death. It’s important for your personal injury case to know that the types of injuries can often be tied to the various ways they were sustained.
The Toronto swimming pool accident lawyers at Verkhovets Law understand death by drowning is unfortunately a consequence that can happen in a swimming pool. The Ontario edition of the Lifesaving Society of Canada (LSC) Drowning Report summarizes data from the Chief Coroner for Ontario:
CHIEF CORONER DROWNING DATA
77 per cent of drowning victims in Ontario are male
12 per cent of drownings happen in swimming pools
92 per cent happen with children due to lack of supervision
64 per cent of drownings happen between May to September
Our Toronto swimming pool accident lawyers explain if a victim survives a near-drowning (non-fatal submersion) there can be a series of common injuries. They include:
NEAR-DROWNING COMPLICATIONS
Brain damage causing movement issues
Hypothermia
Long-term damage to oxygen-deprived organs
Mental health struggles
Slip/trip/fall or diving accidents can cause a multitude of injuries, add the Toronto swimming pool accident lawyers at Verkhovets Law. They include catastrophic bodily injuries requiring long-term disability to chronic pain or concussion or death. Some of them are:
SLIP/TRIP/FALL OR DIVING INJURIES
Breaks or sprains
Broken hip/tailbone
Chronic pain
Cuts and bruises
Facial injuries
Headaches
Internal bleeding
Neck injuries
Paralysis
Soft tissue injuries
Spinal cord injuries
Our Toronto swimming pool accident lawyers warn that inflatable pool toys are not floatation devices and can cause injuries if they flip and trap a person under water or knock them against the pool wall.
Further, the Toronto swimming pool accident lawyers at Verkhovets Law say if the pool water isn’t cleaned properly several health issues can arise including coughs, diarrhea, earaches, eye pain, rashes, and symptoms associated with E. coli, Salmonella, crypto, giardia including vomiting, and dehydration.
Toronto swimming pool accident lawyers outline key legal terms
– Verkhovets Law, Toronto swimming pool accident lawyers, define drain entrapment injuries as those that are caused when the pool’s drain suction grabs hair, bathing suit, or parts of the body. It can cause serious or fatal injuries including brain damage/traumatic brain injury, broken bones, drowning, evisceration and disembowelment, lacerations, internal organ damage, and nerve damage or paralysis.
– Our Toronto swimming pool accident lawyers know the limitation periods in personal injury law are crucial and can make or break whether you can even sue at all. Governed under the Limitations Act in Ontario, it means there is a 2-year time limit to initiate a claim. A claim filed after that time limit will be barred from continuing.
– The Toronto swimming pool accident lawyers at Verkhovets Law explain that a plaintiff is the individual or party who launches a lawsuit in a civil matter. Who they sue is the defendant.
Our Toronto swimming pool accident lawyers explain why injuries happen
Verkhovets Law, Toronto swimming pool accident lawyers, know the sad facts: most drownings are preventable. While swimming-related accidents can happen in all bodies of water, swimming pools present risk for an injury or death. A troubling statistic is that drownings are the third leading cause of accidental death in Canada, with an average of 400 people losing their lives every year that way, according to the Lifesaving Society of Canada. Thousands are injured.
Our Toronto swimming pool accident lawyers understand nobody wants anyone to be injured in a swimming pool ¬– after all, these are meant to be fun places. But these types of injuries and drownings happen very quickly. When the cause of the accident comes to light in the aftermath, often it’s clear that it didn’t have to happen; if some simple rules, maintenance, or vigilance had occurred, the day probably would have ended differently.
The Toronto swimming pool accident lawyers at Verkhovets Law outline some common causes for swimming pool accidents that can be used as a checklist to prevent future tragedies. Or to provide the foundation for a personal injury lawsuit alleging negligence. They include:
Building/design violations
Damaged diving board, steps, slide, deck, ladder
Distracted/poorly trained/no lifeguards or supervision
Diving into shallow water
Drain entrapment
Electrical hazard
Horseplay
Improper/lack of fencing
Illegible instruction/warning signs
Poor lighting
Poorly marked pool depths
Slide accidents
Slippery decks
Intoxication
Lack/poor maintenance of safety equipment
Loose railing
Murky water
Negligent act by other swimmers
No fence
No ropes separating deep and shallow ends
Overcrowding
Pool drains malfunction/entrapment
Trip hazard
Too many swimmers
Untreated pool water
Weak/non-swimmer
Our Toronto swimming pool accident lawyers also handle these types of claims:
And our Toronto swimming pool accident lawyers will help you with these types of personal injuries:
Broken bones ·
Concussions ·
Internal injuries ·
Soft tissue injuries ·
Whiplash
Contact Verkhovets Law, Toronto swimming pool accident lawyers, if you or a loved one has suffered a swimming pool accident – no matter what the cause.
Our Toronto swimming pool accident lawyers know what steps to take
Verkhovets Law, Toronto swimming pool accident lawyers, note that time is of the essence after a swimming pool accident if you’re planning to file a claim under the Occupier’s Liability Act. In fact, in Ontario, the provincial government changed the Act in 2021 to a maximum of 60 days for written notice to be given to the other party after certain types of accidnets – it’s important to have your legal team in place as soon as possible.
Our Toronto swimming pool accident lawyers know with the Occupiers’ liability changes, it’s mandatory for a plaintiff to serve the written notice personally or by registered mail against the swimming pool owner. Failure to do so will result in being prevented from advancing a claim.
If you are applying for statutory accident benefits, you have seven days to let your insurance company know and 30 days to complete the application.
60 days
Maximum written notice period under the Occupier’s Liability Act (2021 amendment)
7 days
To notify your insurer if applying for statutory accident benefits
30 days
To complete the accident benefits application
The Toronto swimming pool accident lawyers at Verkhovets Law will assess your injuries to determine the losses, who’s negligent, and how liability will be decided. We will then discuss a range of possible compensation amounts based on the specific facts of your case.
As part of advancing a personal injury claim, Verkhovets Law, Toronto swimming pool accident lawyers, will gather medical evidence and prediction of your future needs.
Meanwhile, Verkhovets Law, Toronto swimming pool accident lawyers, advise that you may have access to further monies through community programs including:
Our Toronto swimming pool accident lawyers are here for you
Verkhovets Law, Toronto swimming pool accident lawyers, understand that taking legal action is the best course of action if your injuries happened because someone else was negligent. We know it’s confusing and can be frightening to sue someone after a swimming pool accident – but it’s an important step for your future, both financially and physically.
What our clients say
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I cannot recommend Kim Mohammed-Sieudhan enough! From start to finish, she was absolutely incredible in handling my case. She was professional, responsive, and truly went above and beyond to ensure I received the best possible outcome given my circumstances. What stood out the most was how dedicated and supportive she was throughout the entire process. She took the time to explain everything clearly, kept me updated, and made what could have been a very stressful situation feel manageable and smooth. Kim didn’t just settle my case she fought to maximize my outcome, even securing additional funds for me that I wasn’t expecting. That level of care and commitment is rare, and I am so grateful to have had her on my side. If you’re looking for someone who is knowledgeable, compassionate, and genuinely has your best interests at heart, I highly recommend asking for Kim Mohammed-Sieudhan. You will be in excellent hands! Thank you again, Kim, for everything you’ve done for me!
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I had a great experience with Verkhovets Law. The team was professional, knowledgeable, and very supportive throughout the entire process. They explained everything clearly and kept me informed at every step of my case. I really appreciated their responsiveness and dedication to getting the best possible outcome. I would highly recommend Verkhovets Law to anyone looking for a reliable personal injury lawyer
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We would like to sincerely thank our lawyer, Kim Mohammed-Sieudhan, for handling our case with great care and professionalism over the past year. She has always been kind, patient, and supportive, explaining every step clearly. In the end, we achieved a wonderful result. We truly appreciate all your hard work and highly recommend you to everyone.
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I had an amazing experience with Verkhovets law firm. John Johnson is a thorough professional, knowledgeable and well experienced lawyer. He handled my case very efficiently. With John's support, guidance and expertise i was able to find a reasonable resolution.
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Kim Mohammed & Cindy did an excellent job on my case. I am happy with my settlement! Thankyou :)
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Excellent service
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11/10 service! Very satisfied. Kim Mohammed is a very competent lawyer! Would recommend anyone and everyone to her!!!!
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Kim Mohammed-Sieu is very good patient i at her job i would recommend Verkovets law firm
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