Swimming Pool Accidents

Swimming Pool Accident Lawyer

There are over 10 million swimming pools in the United States. According to the Center for Disease Control, there are around 3500 swimming pool-related deaths each and every year. When looking at the numbers it is a wonder that the unfortunate number is relatively low. Perhaps this is due to the safety and caution that is normally taken when people are swimming. Despite our best intentions accidents and even wrongful death can still occur. It is our job as swimming pool injury attorneys to help the families and victims recover during these trying times.

What Are The Common Causes Of Swimming Pool Accidents?

For most people, it does not take much effort to find a swimming pool for some family fun. The list goes on from private pools, public pools, water parks, recreation centers, indoor and outdoor pools. If the swimming pool is open to the general public laws and regulations require that a certain number of lifeguards must be one duty depending on the size of the pool and the number of swimmers. Whether the pool is public or privately owned, people need to take proper safety precautions and follow Utah’s safety regulations.

Swimming pool accidents are quite common and can be seen in the following forms:

• Someone slips while walking outside or around the pool area on the collected water.
• A person can be injured while using the diving board.
• Someone may suffer from drowning or a near-drowning experience.
• Brain injuries that can be caused by hitting their head on a hard surface.

Legal Representation for Swimming Pool Injuries

It is a complicated issue to properly determine who is at fault when a swimming pool incident occurs. Our attorneys use their vast experience to break down the situations of a case to help our clients understand where they are in the eyes of the law. Many times injuries and accidents are the results of the unsafe or neglectful behavior of the pool owner. Examples include a pool that is not properly secured or maintained or if small children in a pool are not being supervised. Many pool accidents happen when a swimmer falls, dives, or jumps into the pool and hits another person. A final major cause of injury or even death can arise when a swimmer becomes entangled or trapped in suction drains or other defective pool materials.

Common Causes of Swimming Pool Accidents

• Horsing around: Pools are meant to be fun, and both kids and adults love to jump in, splash around, and play all kinds of pool games. But you still have to obey certain safety protocols. Kids need to be taught that water can be just as dangerous as it is fun. Far too many people suffer slip and fall injuries around pools because they are running around. And if a pool is too shallow for diving, it is important that there are clear signs warning people not to jump in.

• Improper security. To keep small children and others safe, swimming pools must be outfitted with proper fencing or some kind of latched gate or door to prevent anyone from falling in and drowning.

What Causes Pool Accidents?

Property owners with swimming pools are responsible for providing a safe swimming area for both children and adults. If the property owner of a swimming pool in a house, condo, apartment, hotel, or any other private or public entity fails to create a safe swimming environment, they can be held legally accountable for any injuries or deaths sustained in the swimming pool. Some of the most common causes of swimming pool accidents include diving board accidents, inadequate warning signs or fencing, a lack of supervision, a lack of lifeguards or improperly trained lifeguards, no swimming pool cover, a faulty valve, drain, or another swimming pool component and water that is too shallow.

Swimming pool accidents fall under an area of law called premises liability. In Utah, you may have an accident injury claim if the following can be proved:
• The property owner or a responsible party for the swimming pool owed you a duty of reasonable care,
• The property owner or responsible party for the swimming pool breached this duty through either careless action or careless inaction,
• There was an injury to you proximately caused by this breach, and
• You suffered damages (monetary and non-monetary) from this injury.
Essentially we are trying to determine if the property owner was negligent and if that negligence caused your injury. Negligence around swimming pools could include:
• Defective parts in the pool or around the pool
• Missing safety marks that denote shallow versus deep ends of the pool
• Malfunctioning or defective diving boards
• Inadequate pool maintenance
• Inadequate pool lighting
• Missing safety equipment
• Improperly trained pool staff (or absent pool staff)
• Damaged or absent pool ladders

How Can I Prevent Pool Accidents?

Each year we hear about more and more accidents involving children and pools. In addition to our blog post about preventing pool accidents, we have gathered the below resources for you to consider.
• The U.S. Consumer Product Safety Commission (CPSC) has created PoolSafety.gov, which is a great resource for families. It provides information about pool standards and regulations in an easily accessible fashion. If you’re considering putting in a residential pool, hot tub, or spa, you may want to take a look at their tips and guidelines for improving safety for both adults and children.

Pool Drowning Laws

There are laws in place, at the federal and state level, that intend to prevent wrongful injuries or death and to serve justice when either of those do occur. Utah code provides the “minimum standards for the design, construction, operation, and maintenance of public pools” which does not include:
• private pools
• public pools built in accordance with the law during the time it was built (unless the executive director or the local health officer deems the pool unsafe)
• any body of water larger than 30,000 square feet
• pools designed for activities other than swimming, wading, bathing, diving, a water slide splash pool, or children’s water play activities
• float tanks
While it’s true that Utah law only sets specific guidelines for public pools, caution should be taken with privately owned pools, especially for those with children. Private pool owners who are neglectful of maintaining safety may be found liable for the injuries or death of a child on their properties through the attractive nuisance doctrine. To brush up on the recommended safety standards for privately owned pools, read Safety Barrier Guidelines for Home Pools published by the U.S. Consumer Product Safety Committee (CPSC) or visit our “Pool Drowning Resources” page. The rest of this article will focus on how Utah regulations that relates to pool drowning. Pool Shell Giving Swimmers a way to approximate a pool’s depth is an important step to reducing the risk of drowning. Because of this, the pool shell (or body of the pool) of a public pool must either be white or a light pastel color.

In addition, pool shells must be made of materials that are “non-toxic to humans, impervious, and enduring over time.” Finally, the interior surface of a pool must be crack free and must be made of material that is easily cleaned, non-abrasive, slip resistant, and approved by the American National Standards Institute (ANSI).Bather Load The bather load is legally defined as “the number of persons using a pool at any one time or specified period of time”. The limitation on a public pool is determined as follows:
• Spa pool: ten square feet per bather
• Indoor swimming pool: twenty-four square feet per bather
• Outdoor swimming pool: twenty square feet per bather
• Slide plunge pool: fifty square feet per bather

Floor Slope, Walls, and Diving In water that is less than 5 feet, the horizontal slope may not be steeper than 1 to 10 (horizontal to vertical feet). In water that is greater than 5 feet the horizontal slope may not exceed a ratio of 1 to 3. Scuba diving training pools are an exception to both of these requirements. Walls must be vertical and may not have ledges unless approved by the local health officer for a special purpose pool. Seats and benches are allowed, but must not be more than 20 inches below the water line. For diving, the depth of the pool area is determined by the height of the diving platform. When the Platform is not in use, it must be locked, covered or otherwise barred from use. Areas of the pool that do not allow diving must have a sign with “no diving” or the international no diving icon in four inch lettering every 25 feet. Ladders, Recessed Steps, and Stairs Utah code states that “steps or ladders must be provided, and be located in the area of shallowest depth.” If a pool is over 30 feet wide it must have steps or ladders on both of the side walls of the pool. Steps and ladders must be located within 15 feet of the diving-area-end wall. All pools must have two means of entry and exit and, if any of the entries are steps, they must also have handrails. Recessed steps must also have handrails that reach over the edge of the deck.

Decks and Walkways Utah code specifies that “A continuous, unobstructed deck at least 5 feet wide must extend completely around the pool.” The deck must be elevated from the water level at a maximum of 19 inches and a minimum of 4 inches. The deck is required to slope away from the pool towards drains that do not return to the pool water. Wooden decks are prohibited (R392-302-13).

Fencing all pools must have a fence of at least 6 feet surrounding the complete perimeter of the pool. Utah law specifies that this fence “may not permit a sphere greater than 4 inches” through any part of the fence. The door for the gate must be self-closing, self-latching, and require a key, electronic sensor, or combination to be opened.

Lighting, Ventilation, and Electrical Requirements A public pool may not be used during the night unless the local health officer grants an exemption. Swimming is permitted where the parts of the pool—including the deepest parts—and the deck are lit. All electric wiring “must conform with Article 680 of the National Fire Protection Association 70: National Electrical Code 2005 edition” (R392-302-23). To read more about pool drowning accidents,

Swimming Pools

Swimming pools provide an attractive way of enhancing your home and garden. They provide fun for all the family and friends, not to mention health benefits. They also provide a great focal point for garden parties, barbecues and other social gatherings.

Do I Need Planning Permission?

Planning Permission is not required subject to the following limits and conditions:
• No building, enclosure, pool or container forward of the principal elevation fronting a highway.
• Buildings are to be single story with a maximum eaves height of 2.5 feet and maximum overall height of 4 feet with a dual pitched roof or 3 feet for any other roof.
• Maximum height 2.5 feet within 2 feet of a boundary.
• No verandas, balconies or raised platforms.
• Maximum 50% coverage of land (i.e. garden) around the original house can be covered by additions or other buildings.
• In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers or pools more than 20 feet from the house to be limited to 10 square feet.
• On designated land (includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites), buildings, enclosures, containers or pools at the side of properties will require planning permission.
• Within the surroundings of listed buildings any outbuilding will require planning permission.

It is recommended that you contact the local authorities to ascertain whether you require consent. The rules governing swimming pools apply equally to outbuildings, sheds, greenhouses and garages as well as ponds, sauna cabins, kennels and many other structures incidental to the enjoyment of the dwelling house. Outdoor swimming pools do not generally require planning permission unless you are in an area of outstanding natural beauty, green belt, listed building or a conservation area. If you do come under one of these categories then contact your planning office for advice. Indoor swimming pools will be subject to planning and building control applications. This includes new builds and change of use etc. It is advisable for all indoor or commercial pools to commission an architect to prepare a basic set of drawings for an outline planning application. This will not only facilitate the planning and building control applications process but will allow the main contractor and/or the swimming pool contractor to provide estimates and a specification for the enclosure, the swimming pool and the plant equipment required in the pool hall.

Swimming Pool Accident Lawyer Free Consultation

When you need legal help with a swimming pool accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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ATV Accident Lawyer North Salt Lake Utah

ATV Accident Lawyer North Salt Lake Utah

North Salt Lake is a suburb of Salt Lake City with a population of 19,413. North Salt Lake is in Davis County and is one of the best places to live in Utah. Living in North Salt Lake offers residents a dense suburban feel and most residents own their homes. In North Salt Lake there are a lot of parks. Many families and young professionals live in North Salt Lake and residents tend to lean conservative. The public schools in North Salt Lake are highly rated. The City of North Salt Lake had a population of 22,191 as of July 1, 2019. North Salt Lake ranks in the upper quartile for Population Density and Diversity Index when compared to the other cities, towns and Census Designated Places (CDPs) in Utah.

The primary coordinate point for North Salt Lake is located at latitude 40.8486 and longitude -111.9069 in Davis County. The formal boundaries for the City of North Salt Lake encompass a land area of 8.55 sq. miles and a water area of 0.07 sq. miles. Davis County is in the Mountain time zone (GMT -7). The elevation is 4,337 feet. The City of North Salt Lake has a C1 Census Class Code which indicates an active incorporated place that does not serve as a county subdivision equivalent. It also has a Functional Status Code of “A” which identifies an active government providing primary general-purpose functions. Utah is one of 20 states where Census County Divisions (CCDs) are used for statistical tracking of subdivisions within each county. The City of North Salt Lake is located within South Davis Division of Davis County. Since the publication of the Jubilee Edition in 1996, technological advances have led to the widespread scanning and publishing of photographs, diaries and other personal histories. With this new technology, we hope to bring even more insight into the history of this area, now known as the City of North Salt Lake.

In 1930 most local residences and businesses were located below Highway 89/91. About sixty-five homes were on the hillside above. The main source of water was the natural springs that flowed out of the hillside. North Salt Lake took its name from the name of the small post office at the railroad tracks. The old Utah Highway Patrol weigh station was purchased and used as the first town hall. There was only one political party at that time, the North Salt Lake Citizens Party. In 1949 the first election was held, selecting Ray Hatch as mayor of the town. In 1958 a new municipal building was built on the corner of Main Street and Center Street. This building also housed a fire department for the town.

The Housing Affordability Index base is 100 and represents a balance point where a resident with a median household income can normally qualify to purchase a median price home. Values above 100 indicate increased affordability, while values below 100 indicate decreased affordability.
The Wealth Index is based on a number of indicators of affluence including average household income and average net worth, but it also includes the value of material possessions and resources. It represents the wealth of the area relative to the national level. Values above or below 100 represent above-average wealth or below-average wealth compared to the national level.

ATV Accidents

Driving recreational or all-terrain vehicles (ATVs) is a popular way to spend leisure time or a vacation. However, farmers and farm laborers use ATVs to maintain the farm. The fun, enjoyable nature of driving an ATV can mask the substantial risk of injury that may arise due to negligent driving. According to the United States Consumer Product Safety Commission, more than 150,000 people went to the ER for ATV-related injuries in 2007. Often the victims of ATV accidents are kids.

Do those that are hurt in an ATV accident have any recourse?

Most recreational vehicle accident cases turn on fault. The primary issue is who caused the accident. If someone other than the victim caused an ATV accident, the victim can sue on the grounds of negligence by showing that the defendant;
• Had a duty to the victim,
• breached the duty,
• the breach caused the accident, and
• the victim sustained losses and actual damages.
However, often more than one person is at fault for an accident. In those cases, the jury will allocate a percentage of faults to each party and apportion the damages accordingly. As with car accidents and truck accidents, an ATV accident victim may be able to recover medical expenses, lost income, psychological anguish, property repairs, and pain and suffering. Where the at-fault party is covered by insurance, the accident victim may be able to recover a significant settlement, but usually not without the help of a personal injury attorney that has the experience to know how much the case is likely worth. It is unfortunately common for those using ATVs for recreation to drive under the influence of drugs or alcohol, even though many states have made operating an ATV under the influence a criminal offense. If you are operating an ATV under the influence and get injured, it may be more difficult to obtain compensation from another party. However, if you are injured due to negligent actions an ATV driver who is operating under the influence, a criminal conviction for drunk driving can be powerful evidence in a civil personal injury lawsuit.

ATV Drivers That Cause An Accident

What if you were the operator of an ATV and are at fault for the accident?
One common reason people get in ATV accidents is a lack of appropriate training. Not understanding how the vehicle works on rough terrain, on hillsides or on paved roads can lead to a crash or rollover.

Similarly, many children to have accidents on ATVs that were intended to be driven by adults. In general, ATV engines that are 90cc and over are for children that are 16 or older. Children do not have the strength or experience to operate ATVs intended for adults. If your child is driving someone else’s ATV without adult supervision and gets injured, you may be able to secure a settlement with the ATV owner’s insurance company. Another common reason for ATV accidents is that the operator hauls a load or a passenger that exceeds manufacturer recommendations. Adding weight to the ATV makes it less maneuverable and increases the likelihood that it will roll over. Even if you are in a single-vehicle ATV accident, you may have recourse to recover compensation for your injuries in a product liability lawsuit. Sometimes an ATV accident that seems to be caused by operator error is actually caused by equipment failure, such as defective brakes or defective steering mechanisms, or even a defective helmet. In those cases, it may be appropriate to bring a suit against the manufacturer of the defective product. It is important to preserve the ATV and your helmet if you believe equipment failure might have been responsible for your injuries. These are pieces of evidence that may need to be examined by an expert. If the trail you were on while driving the ATV was damaged, a premises liability case may be appropriate.

How To Get My ATV License In North Salt Lake

There is no off-roading license needed to drive an ATV in Utah. A driver’s license will suffice. However, people from the ages of eight through 15 must acquire ATV certification to operate an ATV.

How To Register My ATV In North Salt Lake

Utah residents can register their ATV at the Utah Division of Motor Vehicles. If the ATV is used for agricultural purposes, owners of that type of ATV may apply for an Dzimplement of husbandrydz sticker instead of a registration decal. ATVs can also be registered as street legal after proof of insurance and an inspection.
How Old Do I Have To Be To Ride My ATV In North Salt Lake
No one under the age of eight can operate an ATV. Youth from ages eight to 15 must acquire an ATV education certificate before driving an ATV on public land. The certification simply requires the completion of an online education course by the Utah Division of Parks and Recreation.

There are 2,800 miles of off-roading trails in Utah. The public lands open to ATVing range from state parks to Bureau of Land Management areas.
Can I Legally Ride My ATV On The Street In North Salt Lake
ATVs are allowed street access in Utah. ATVs that are considered Type I or Utility Type Vehicle may be registered and inspected for use as a street legal ATV. The ATV must be 52 inches or less in width and have a weight of 1,500 pounds or less. For street legal ATVs, the driver must have insurance.

Can I Ride My ATV In North Salt Lake, If I’m Visiting From Another State?

Yes. A permit is required for nonresidents to operate an ATV in Utah. To obtain a permit, proof of out-of-state residency and proof of ownership is required. Get a permit at an authorized vendor or online. If an ATV is authorized as street legal in another state, then the ATV is street legal in Utah if it falls under the same measures that make a ATV street legal in Utah.

Safe and Dangerous Places in Salt Lake City

• Salt Lake City, Utah is known for its wide, clean downtown streets and friendly people, making it a great vacation destination for tourists. However, like all other major cities, there are some areas to avoid in Salt Lake City. Here are some of the safe and dangerous places in the Salt Lake City metropolitan area.

The University of Utah is considered one of the safe areas in Salt Lake City. Located on Salt Lake City’s east bench, this beautiful campus is surrounded by the downtown area and affluent neighborhoods. As with all areas of the city, the highest crime statistic for the University of Utah area is auto thefts; there were 72 in 2008. The city of Cottonwood Heights are located to the south and east of Salt Lake City. It offers a mix of middle to high income housing. Crime statistics for this area show an annual average of 27 for violent crimes and 605 for all property crimes. This makes Cottonwood Heights one of the safest places to live and visit in the Salt Lake Valley. Located to the south and west of Salt Lake City, West Jordan has a low crime rate. The city has an ethnically diverse population of 74,470 and a mix of low, middle, and high income areas. For the year 2003, there were 197 car thefts and 415 burglaries reported. A total of 2,620 property crimes were reported, but this includes all thefts and larcenies. Although some of these numbers appear high, given the size of the population, West Jordan is considered one of the safe areas in Salt Lake City. Located at the far south end of the Salt Lake Valley, Riverton is a small farming community that has benefited from new development in the last 10 years. It is a new, mixed income residential city. The city of Riverton reports its overall crime rate is less than half of the national average with a burglary risk of 7 percent of the national average and motor vehicle theft at 37 percent of the national average, which puts it near the top of any list of safe cities in America.

Areas to Avoid in Salt Lake City

The most frequently committed crimes in the Salt Lake City area are usually related to drugs and domestic violence. Domestic violence, gang activity and drug activity fuel assault rates. The drug rate fuels property crimes, including burglaries, thefts, and vehicle break-ins and thefts. These crimes are widespread throughout the Salt Lake area. Consequently, no area in North Salt Lake City should be considered completely safe. However, locations with the highest crime rates are dangerous places and areas to avoid in Salt Lake City. Located in the heart of downtown’s west side, and just blocks from homeless shelters, Pioneer Park has earned a dangerous reputation for drug traffic. Despite heavy police patrols, frequent police sweeps, security cameras, and frequent promises from the city leaders to clean up this park, it is still Utah’s one-stop drug shop. Add to that several high profile assaults and a homicide, and Pioneer Park ranks as one of Salt Lake City’s highest crime areas.

ATV Insurance in North Salt Lake

Your ATV represents a considerable recreation investment. And as you’re riding, the last thing you’ll want to wonder about is whether you have the right insurance coverage. With a customized All-Terrain Vehicle insurance policy, you can ride with confidence knowing that you’re properly insured. No matter what type of vehicle you have, whether you ride a 4-wheeler, dune buggy, or even a golf cart, you can get the ATV Insurance you want and the protection you deserve with specialized coverage options, including:

• Collision Coverage – for damage to your ATV from rocks, trees, and other obstacles or debris
• Comprehensive Coverage – as extra security for loss or damage from theft, fire, or vandalism
• Property Damage – to cover expenses to another person’s property for which you are liable
• Bodily Injury – that pays medical expenses to others if you’re held liable in an accident
• Uninsured Motorist – to protect you from loss or damage caused by uninsured and underinsured riders

North Salt Lake City Utah ATV Injury Lawyer Free Consultation

When you need legal help to recover compensation for your injuries in North Salt Lake City Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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