Summer water activities are fun but also inherently risky. Every year, people are injured in a wide range of water-based activities, and there are a considerable number of fatalities as well.
There are things you can do to significantly lower your risk of water-related injuries or fatalities. Read on to find tips and suggestions from Rosenfeld Injury Lawyers for avoiding water-related injuries and what to do if you suffer one.
Common Water-Related Activities in Chicago
When summer comes to Chicago, water activities become very popular. This is the best time of year to enjoy the water before it gets too cold or freezes over. Chicago has several popular water-based activities that residents and visitors love.
Swimming and Beach Activities
Swimming and going to the beach are popular in the summer. Chicago is hot during the summer, and going to the beach is an easy way to stay cool. However, swimming at the beach is risky due to the currents and local wildlife.
The currents in Lake Michigan can change quickly and are very strong. If you are not paying attention, you can easily find yourself swept away from shore. This is why paying attention to the warning flags at North Avenue Beach or Montrose Beach is important.
Lifeguards monitor weather conditions and put up warning flags so everyone can make an informed decision about getting in the water. Before entering the water, check the warnings and conditions to avoid a potentially fatal situation.
Boating on Lake Michigan and the Chicago River
Boating on Lake Michigan is also a great way to enjoy the water. As fun as boating is, Lake Michigan is not a place to be caught unprepared. Many boats of all sizes have been lost in the lake, and you can avoid this by paying attention to the conditions.
You also need to plan for potential emergencies. This includes packing communication devices, life vests, and first aid kits.
This is especially important for unpowered boating, such as kayaking. You can be pulled out and lack the strength to return safely. Without a plan, you may not make it back at all.
Even powered boating sports, like jet skiing and yachting, can be potentially dangerous when storms arise. Your best defense is to be well-trained in emergency boating procedures and how to call for help.
Public Pools and Water Parks
Another popular option is going to a public pool or water park. The Chicago Park District operates several public pools, including [1]:
- Abbott Pool
- Ada Pool
- Altgeld Park Pool
- Armour Square Pool
- Austin Town Hall Park Pool
- Avalon Pool
- Bessemer Pool
- California Pool
- Carver Pool
- Chase Pool
- Clark (John) Park Pool
- Columbus Park Pool
- Cornell Square Park Pool
- Davis Square Park Pool
- Don Nash Community Center Pool
- Douglass Pool
- Dvorak Park Pool
- Eckhart Park Pool
- Ellis Park Pool
- Fernwood Pool
- Fosco Park Pool
- Foster Pool
- Franklin Park Pool
- Fuller Park Pool
- Gage Pool
- Garfield Park Pool
- Gill Pool
- Gompers Pool
- Grand Crossing Pool
- Hale Pool
- Hamilton Pool
- Hamlin Pool
- Harris Park Pool
- Harrison Park Pool
- Hayes Pool
- Holstein Pool
- Homan Square Pool
- Humboldt Park Pool
- Independence Pool
- Jefferson Memorial Pool
- Kennedy Park Pool
- La Follette Park Pool
- Lindblom Pool
- Mann Park Pool
- McGuane Park Pool
- McKinley Park Pool
- Mt. Greenwood Pool
- National Teachers Academy Pool
- Norwood Pool
- Oakdale Pool
- Ogden Pool
- Palmer Pool
- Ping Tom Park Pool
- Piotrowski Park Pool
- Portage Pool
- Pulaski Park Pool
- Ridge Pool
- Riis Pool
- River Pool
- Russell Square Pool
- Shabbona Park Pool
- Sheridan Park Pool
- Sherman Pool
- Smith Park Pool
- Stanton Park Pool
- Taylor Park Pool
- Trumbull Pool
- Tuley Pool
- Union Park Pool
- Washington Pool
- Welles Pool
- Wentworth Gardens Park Pool
- West Pullman Pool
- Whitney Young High School Pool
- Wrightwood Pool
Several water parks are in and around the Greater Chicago area, such as the Great Wolf Lodge in Gurnee, Raging Waves in Yorkville, The Water Works Indoor Water Park in Schaumburg, and Turtle Splash Water Park in West Chicago. Plus, many of the hotels in Chicago feature swimming pools and attractions.
Common Water-Related Injuries
There are many ways to be injured while participating in a water-related activity. The most common water-related injuries we see from a personal injury claim standpoint are drowning, slips and falls, and boat accidents.
Drowning and Near-Drowning Incidents
While fun and relatively safer than swimming in the lake, pools and water parks can still be dangerous. Many city pools are understaffed, and there is a national lifeguard shortage [2]. This makes it hard to have enough lifeguards available to cover demand, which means fewer people are keeping their eyes on swimmers.
Chicago has up to 70 drowning deaths each year [3]. Illinois recorded 164 drowning-related fatalities in 2020 [4]. While some of these fatalities occur in public or commercially-owned swimming facilities, many occur in privately owned pools in residential backyards and community centers.
Drowning is often silent and occurs within a few minutes. Children can easily hop into a backyard pool that isn’t securely fenced and alarmed or drown while parents are distracted at a busy pool party.
Even in cases where the victim survives, there can be many complications and serious injuries from a near-drowning incident. This includes hypoxia, aspiration pneumonia, acute respiratory distress, traumatic brain injuries, and emotional trauma.
The brain damage caused by cutting off oxygen to the brain can permanently change the course of a person’s life, educational opportunities, and career possibilities.
Slip and Fall Injuries
Slip-and-fall injuries can happen anywhere, including around pools, docks, and boats. While it’s reasonable to expect visitors to anticipate that a pool deck may have some water on it from people getting in and out of the pool, all commercial facilities must take steps to prevent injuries, whether choosing anti-slip flooring or using warning signs.
Slips and falls can cause serious injuries, including back, brain, and neck injuries. It is very common for people to break bones or suffer from sprains as a result of a seemingly minor fall.
While children and older people might have the highest risk of the most serious injuries, even young, healthy adults can die as a result of a slip and fall injury. For example, country singer Alan Jackson’s son-in-law, Ben Selecman, died at age 28 from a slip and fall injury on a boat dock in 2018 after he helped a woman onto a boat dock [5].
Boating Accidents
Many boating accidents occur yearly in the lakes and rivers near Chicago, including Lake Michigan and the Chicago River. This includes collisions with other boats, capsizing, and water sports accidents.
Some boating accident victims die, but many more are injured each year. The types of injuries can range from recoverable, such as a broken bone, to permanent and life-altering, such as traumatic brain injuries.
You can take some steps to protect yourself, such as following boating laws and wearing a U.S. Coast Guard-approved life jacket. More than 80% of boating accident fatalities would be prevented if they wore a life jacket [6].
Legal Responsibilities of Water Facility Operators
The companies and government agencies that operate water activities and facilities have several legal responsibilities. If they fail to meet these responsibilities or regulations, they can face civil personal injury lawsuits and fines from regulating bodies.
Duty of Care
Water facility operators owe visitors, customers, and employees a duty of care. They must take reasonable steps to prevent harm on their property.
This could mean keeping boats and their physical property in a safe condition, putting up warning signs for dangerous conditions, and educating visitors about known risks. If they do not meet this legal obligation, they can be held responsible for negligence.
Liability Issues
There are many common scenarios where the owner or operator of a water facility or activity could be held liable for injuries:
- If the pool operator or water park fails to put up warning signs for dangerous conditions and a visitor falls;
- If the lack of maintenance or safety protocols of a boat operator or rental company leads to a collision;
- If a lifeguard wasn’t adequately trained or was inattentive and someone drowned;
- If a marina fails to mark shallow areas and underwater hazards and a boat runs aground or collides with obstacles;
- If a water park doesn’t enforce safety rules, such as height or weight restrictions;
- If a jet ski rental company fails to provide safety equipment or instructions on how to use rentals properly;
- If pool chemicals are poorly balanced, they can cause chemical burns or respiratory issues for swimmers.
Legal Responsibilities of Boat Owners
Boat owners in Illinois have many legal responsibilities to maintain compliance with state laws. Boat owners must [7]:
- Have an Illinois Certificate of Number registration, expiration decals, and a certificate of title;
- Must have legally required equipment on board, such as at least one U.S. Coast Guard-approved life jacket for each person that is in good condition, readily accessible, and of the appropriate size for the wearer;
- Comply with the USCG-approved throwable device requirements for vessels 16 feet long or longer that aren’t kayaks or canoes;
- Not operate watercraft if all children under the age of 13 are not wearing life jackets;
- Carry at least one USCG-approved fire extinguisher on board;
- Have properly installed ventilation systems for gasoline-powered vessels to reduce the risk of an explosion;
- Secure boat batteries from shifting;
- Have equipped visual distress signals if the boat will travel on Lake Michigan;
- Display required navigation lights between sunset and sunrise, as well as during periods of restricted visibility;
- Not travel more than 5 miles per hour in a “Slow, No Wake Speed” zone.
Safety Tips for Water Activities
While you can’t prevent 100% of injuries, you can take some steps to reduce your risk of injury.
Precautions at the Beach
Swimming and participating in water activities at the beach can be dangerous, especially for young or inexperienced swimmers. The changing and rough tides combined with the unknowns of being out in nature can create added risk.
When at the beach, you can stay safe by swimming within designated areas and choosing to swim where there is a lifeguard presence. There is usually a reason for areas being designated as no-swim zonen.
Something in the water, such as rocks, might make it more dangerous than usual to swim there. By swimming nearer a lifeguard, there’s a better chance they’ll be able to see you if something goes wrong.
Boating Safety
When boating, ensure the boat owner, driver, and vessel are properly licensed as required by law. If you’re going onboard a commercial vessel, you could also ask for proof of insurance and review its past inspections.
Even though drinking a cold beer while celebrating summer weather on a boat sounds fun, it can be dangerous. Just like driving a vehicle, boating while under the influence can be incredibly dangerous. It could dramatically increase the likelihood of serious injury or death.
Sober boating is so important that if the boat driver has been drinking, it is a good idea to refrain from boarding the boat.
As previously mentioned, wearing a life jacket can dramatically increase the likelihood of your survival in a boating accident. While it might seem less fashionable and more bulky, this is an easy step you can take to protect yourself and your family.
Pool Safety
It’s critical to supervise children at all times at public pools and residential pools in someone’s backyard. You can designate one adult as the water watcher and swap who has the job of providing their full attention to watching the children in the pool without any distractions. Many children drown because of a lack of supervision.
When going to a commercially owned facility, such as a water park, hotel pool, or public pool, follow all rules, including rules for children. If they are too short or young to participate in a particular water feature, don’t try to break the rules to allow it.
Also, be mindful of facility maintenance. If a pool looks dirty or poorly maintained, it’s best not to swim in it. There are so many excellent swimming pools in Chicago that it’s better to find another one that’s better maintained.
What to Do If You’re Injured
If you are injured in a water-related activity, the steps you take afterward can make a difference in your ability to fully recover and pursue compensation. Here is some general guidance about what to do if you have been injured:
Immediate Steps
After a water-related injury, it’s very important to seek immediate medical attention, even if you don’t feel injured. Many injuries may not be obvious right after the accident unless you undergo medical tests and an assessment. Having these medical records available will be important as evidence in the event you suffer serious injuries and want to recover compensation.
Document the accident scene and your injuries with your smartphone. Gather witness statements and request their contact information. If a business is involved, request insurance information, if possible, to file a liability claim.
Legal Steps
After seeking medical attention, it is wise to schedule a consultation with a personal injury lawyer with experience in water-related cases. You can bring all the information you collected to share with your lawyer. You can discuss what happened during the consultation and learn more about your potential legal options.
If you want to file a personal injury case to recover compensation from the responsible party, starting the process as soon as possible is essential. In Illinois, you have two years from the date of your injury to file a compensation claim. If you fail to file a claim within this time, you will not be able to move forward with your case.
While this seems like a lot of time, it goes by quickly in the aftermath of serious injuries. Starting the process as soon as possible gives your lawyer the most time to collect evidence, negotiate with insurance companies, and file documentation with the court. It also limits the impact of court scheduling delays.
The Bottom Line
Focusing on safety is essential when participating in any water activity. Injuries can happen anywhere, anytime, even during a fun day on the water. Chicago has so many unique water-related recreational activities to enjoy. You can protect yourself in any situation by taking steps to minimize your risk of injury and knowing your rights and legal options.
Contact a Chicago Personal Injury Lawyer for Help
If you have questions or need legal assistance after a water-related injury, contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. Our team works on a contingency fee basis. You won’t pay anything unless we can recover compensation for you.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Champaign, Evanston, Peoria, Springfield and throughout Illinois.
Resources: [1] Chicago Park District, [2] American Lifeguard Association, [3] CBS News, [4] Illinois Department of Public Health, [5] People, [6] City of Chicago, [7] Handbook of Illinois Boating Laws and Responsibilities