Swimming Hazards FAQ

What are some of the swimming injuries for which tort claims can be filed?

Some common swimming injuries for which tort claims are often filed include brain injuries or spinal cord injuries caused by diving into shallow water and drowning or near drowning because of inadequate supervision.

Can I file a tort claim if a member of my family was injured because a private swimming pool was not properly protected?

Yes, you can file a lawsuit if a family member was injured because there was no fence around a private swimming pool. Private pools must be adequately protected so they cannot be accessed when they are not in use. Some adequate forms of protection may include things such as a four-sided fence and a self-closing gate with automatic locking features.

Am I eligible for a lawsuit if my family member was injured at a public pool that had no lifeguard on duty?

There are requirements for lifeguard supervision for different public pools and for warning signs where pools are unsupervised. Even if lifeguard supervision and warning signs exist, you may still be eligible for compensation for injuries sustained at a pool. Public pools must also have clear markings showing swimmers the depth of the water to avoid the danger of diving into shallow water.

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"I am a former client of Mr. Sean Mackintosh at Harrison Pensa law firm. I highly recommend" 
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January 8, 2016

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HARRISON PENSA ™ is a full-service law firm representing private & business interests throughout southwestern Ontario.

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