By: Claims Attorney
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Swimming Pool Accidents
Swimming pools can be a delightful source of fun and entertainment, especially in sunny California, but they can also pose a serious risk. Every year, thousands of accidents, drownings and near-drownings are reported in connection with swimming pools, most often involving young children. Many of these accidents happen at home or at the home of a friend or neighbor, where people feel most comfortable, and in many cases, they could have been avoided had the pool owner or other responsible party taken the proper steps to provide a safe swimming area for adults and children alike.
Pool Safety Council
If you or someone you loved has been injured in a California swimming pool accident that you believe was caused by someone else’s negligence, we are here to help. Contact our reputable swimming pool injury lawyers today to find out if you are eligible to recover compensation for your injuries by filing a personal injury lawsuit against the at-fault person or party.
Swimming Pool Accident Injuries
Drowning is the leading cause of unintentional death worldwide, with 372,000 drowning deaths reported each year. In the United States, drowning is the number one cause of unintentional death for children under the age of five, and the U.S. Consumer Product Safety Commission (CPSC) reports that drownings in swimming pools or at spas account for more than 360 deaths per year among children younger than 15. Fatal drownings may be the most devastating and well-known potential consequence of swimming pool accidents, but it isn’t the only injury that can occur in and around swimming pools. Near-drownings and other non-fatal swimming pool incidents can leave adults or children with serious, life-altering injuries, possibly including the following:
- Neck and back injuries
- Spinal cord injuries
- Traumatic brain injury
- Slip and fall accidents
- Diving board injuries
- Organ damage
- Internal bleeding
- Broken bones
- Chemical burns from too many chemicals
Common Causes of Swimming Pool Accidents
We all understand that accidents happen, and we know that there is no one way to prevent accidents from ever occurring. Swimming pool accidents in particular happen quickly and often without warning. That being said, there are certain steps swimming pool owners can take to reduce the risk of swimming pool accidents occurring on their property or on their watch. After all, the individuals who own and operate swimming pools are responsible for keeping the pool and the surrounding area safe and for warning swimmers about any potential dangers they may encounter. The following are some common problems that can contribute to swimming pool accidents:
- Lack of proper barriers to the pool
- Inadequate signage
- Unsafe or illegal drains
- Improper supervision
- Inadequate safety equipment
- Improperly labeled pool depth
- Unsafe diving board
- Failure to install anti-entrapment devices
- Uneven or excessively slippery pool deck
- Faulty pool cover
Liability for Swimming Pool Injuries
Determining legal liability, or fault, is an important step in pursuing compensation for a swimming pool injury or fatality. In most personal injury or wrongful death cases, liability is established by proving that a certain person or entity was negligent, meaning they failed to take proper care in doing something, like maintaining a safe pool area free of known hazards. According to California Civil Code 1714(a), “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
When you suffer injuries or lose a loved one in a swimming pool accident and another person is at fault for the accident, you expect that person to pay for your accident-related losses. That is where a personal injury attorney comes in. An experienced swimming pool accident lawyer can help you determine the extent of potential damages in your case and seek compensation for medical expenses, wrongful death, loss of income, loss of future earning capacity and emotional anguish. When it comes to filing a personal injury or wrongful death claim following a swimming pool accident, there are a number of factors that can affect your case, including the circumstances of the accident, the extent of your injuries and the ownership of the pool.
Premises Liability Claims
Premises liability is a legal concept that may come into play in a personal injury or wrongful death case where an accident occurs because of some kind of unsafe or defective condition on someone’s property, i.e. in or around their swimming pool. Under California’s premises liability law, property owners owe individuals who enter their property a certain duty of care to keep the property reasonably safe and the same is true for swimming pool owners. This duty of care requires swimming pool owners to:
- Properly maintain the property,
- Inspect the property for any potentially dangerous conditions,
- Repair any dangerous conditions, and/or
- Warn entrants about any dangerous conditions that exist on the property.
If you suffer injuries in a swimming pool accident and you can prove that the pool owner or operator knew or reasonably should have known that the property or pool was not in a safe condition and that the pool owner or operator was negligent in failing to properly maintain the property or pool area or keep it free of hazards, you may be able to recover damages for your injuries.
Pursuing Compensation for Swimming Pool Injuries
People are injured every day because of something some person or entity did wrong or because someone failed to take reasonable steps to prevent a foreseeable accident from occurring. Unfortunately, the consequences of this kind of negligence can be particularly devastating in the event of a swimming pool accident. If you were seriously injured in a swimming pool accident in California, or if you lost a loved one in a swimming pool drowning caused by another person’s negligence or wrongful actions, you may be entitled to compensation for your losses. Contact our knowledgeable California swimming pool accident attorneys as soon as possible to find out what your claim is worth.