Los Angeles Personal Injury Attorney for Swimming Pool Accidents

During the summer months, swimming pools provide a welcome respite and a great means of recreation for individuals and families. Countless private and public pools can be found across California, at homes, hotels, motels, water parks, and community centers. These pools can be a lot of fun and enjoyable, particularly for kids. They can, however, have tragic consequences if there is insufficient monitoring, protection, or maintenance, or if faulty goods, such as gates, fences, drains, pumps, or other machinery, fail. You might need a Los Angeles Personal Injury Lawyer to help you get damages for the expense a Personal Injury will cost you.

Find A Swimming Pool Accident Lawyer for Damages

Swimming pool accidents are particularly common among children and may result in near-drowning, drowning, and slips and falls on wet surfaces. Nothing compares to the heartbreak of parents who had lost a child who drowned in a swimming pool when the child was not closely watched. Victims who suffer brain damage as a result of a lack of oxygen, which can occur in near-drowning, are also heartbreaking. Disembowelment from over-powerful pumps is another gruesome result of Jacuzzi accidents.

If pool owners or operators, pool maintenance managers, or equipment suppliers are found to have been negligent, they can be held liable for compensation to swimming pool victims and their families. A Personal Injury allegation or litigation may be justified where these persons or organizations' neglect or breach of fair safety measures resulted in injury or death.

What are the most popular forms of pool injuries?

People can get injured in a swimming pool in a variety of ways. Some of the injuries are relatively minor:

• Outside the tub, abrasions and scrapes from slipping and falling
• Falling and breaking bones
• Getting a little too close to the edge of the diving board

A swimming pool, on the other hand, can result in a variety of serious or even fatal injuries:

• Deaths from drowning
• Near-drownings that result in permanent injuries, such as brain damage or a broken spine or leg, as a result of diving into a shallow section of the pool

These kinds of accidents are far from rare. Between 2005 and 2014, the Centers for Disease Control (CDC) recorded an average of 3,536 fatal drownings per year in the United States. Unintentional drowning is also the fifth leading cause of death in the United States.

• A child under the age of 14 is one out of every five accidental drowning victims.
• Thousands more are victims of near-drownings or non-fatal injuries that alter their lives.
• What are the differences in liability between private and public swimming pools?

The type of swimming pool is important in swimming pool accident lawsuits. There are two kinds of them:

• Private swimming pools are those that are on private land and are operated and managed by the property owner.
• The city government or one of its departments, usually the parks and recreation department, owns and maintains outdoor swimming pools on public land.

While the type of swimming pool used is unlikely to change the nature or degree of the injuries, it will have a significant impact on how the subsequent litigation proceeds. Finding a Personal Injury Lawyer to handle the unique caveats of your case.

Swimming pools with a private ownership

Accidents that occur in a private swimming pool result in Personal Injury claims being brought by the survivor against the pool owner. The complaint will also be brought against the insurance provider if the pool owner has homeowner's insurance that covers swimming pool injuries. Injuries that occur at apartment complex pools and rental properties can also be the fault of the landlord.

Premises liability is sometimes used in lawsuits against private swimming pool operators. They argue that the owner of the pool had a duty to keep people safe on their land but failed to do so.

Charges brought against hotels or private entities for injuries suffered in their pools are included in this category.

Swimming pools open to the public

Since they are brought against a public body, Personal Injury cases arising from injuries in a public swimming pool are much more complicated. There are several legal challenges that hinder the case because it seeks restitution from the municipal government, which is financed by taxpayers.

In addition, the amount of money that a lawsuit may win is often limited.

Many cases allege that negligent oversight was to blame for injuries sustained in public swimming pools. They frequently claim that the lifeguards neglected to keep the public safe, resulting in the accident.

Accidents in Swimming Pools: Common Causes

Swimming pools are a huge liability that pool owners must handle with care. Pools require routine maintenance and upkeep to remain not only enjoyable but also clean. Pool owners and managers must check their pool and property on a regular basis to ensure that all is in working order. Even a seemingly minor problem or flaw may have life-altering, even fatal effects if ignored. You can ask your Personal Injury Lawyer if you had a particularly rare incident.

The following are some of the most common causes of injury in swimming pools:

• No fence or barriers: Private pools with no fences or barriers seem to be transparent invitations. If there are no barriers in place, children can wander into the pool area and drown. Pool owners are responsible for restricting access to their pools and ensuring that those who do not have access to the pool do so.
• Poor or insufficient pool maintenance: Keeping a pool clean and sanitary necessitates a delicate chemical balance. If there aren't enough chemicals in a pool, it can become a breeding ground for bacteria and disease. Chemical burns and inflammation may result from too much chlorine or pool chemicals in the water. It is also the responsibility of the pool owner or operator to keep the pool and patio area clean and clear of debris, sharp cracks in the tile, and loose wooden planks. Cuts, scrapes, and tripping hazards may all result from these issues.
• Pool drains can be extremely hazardous due to the enormous amount of suction used to filter and clean pools. There have been instances where children have drowned after being trapped by a drain's strong suction. The Virginia Graeme Baker Pool and Spa Safety Act mandates that pools have such measures in place to minimize the likelihood of suction-related injuries and deaths. These guidelines must be followed by all public pools, or they will be fined.
• Inadequate supervision: Employees employed at public pools should have the appropriate staff-to-swimmer ratio. If there aren't enough supervisors on duty, swimmers can drown without ever being seen.
• Staff that isn't properly trained: Not only should there be enough people, but they should also be properly trained. Negligent hiring practices, inadequate screening, or a failure to perform background checks may lead to employees working in jobs for which they are unqualified. Someone's life could be put in jeopardy if a lifeguard is unable to swim or administer CPR properly.
• Incorrect signage: It is the responsibility of public pools to warn the public about the risks of swimming at their facility. People must be clearly informed whether a lifeguard is on duty, what the lifeguard hours are, and whether diving in some parts of the pool is safe. Pools should also explicitly state their rules and regulations, such as no running allowed, pool hours of service, and the requirement of adult supervision for children under the age of 18. Additionally, pools must show detailed information about the pool's depth and who to call in the event of an emergency.

Drowning

About 3,300 Americans die per year in accidental drowning incidents, according to the Centers for Disease Control and Prevention (CDC). Over 1000 of these drowning victims are children, making drowning deaths the second leading cause of death for children under the age of 14. Five children will need emergency medical attention in a hospital or other facility for any child who drowns in an accident.

Near-drowning incidents, unfortunately, have a high chance of being fatal. Many victims of drowning accidents will suffer permanent brain damage, which can lead to long-term injuries like memory loss, learning disabilities, and even coma. The cost of treating drowning victims is often exorbitant. Near-drowning accident recovery expenses can vary from $75,000 for immediate medical attention to $4.5 million for patients who have sustained a brain injury as a result of the accident.

If you or a loved one has sustained significant injury or death as a result of a drowning accident, you can contact our experienced Personal Injury Lawyers. With the assistance of a drowning injury lawyer, you will be entitled to claim compensation for your expenses and suffering by filing a drowning injury case.

Drowning Accidents: Who Is at Risk?

Males account for nearly 80% of all drowning victims, according to the CDC, while females account for a disproportionately high percentage of bathtub drowning victims. More than a quarter of all young children (ages 1-4) die as a result of drowning.

What Are the Most Common Drowning Accidents?

Bathtubs, buckets, showers, spas/hot tubs, and swimming pools are all popular places where people drown. Drowning deaths can occur in as little as 1-2 inches of water. Drowning sometimes happens quickly and quietly: a child or other drowning victim will lose consciousness, suffer brain damage, and die in just a few minutes. Accidents in swimming pools account for a significant portion of drowning incidents. Accidents involving open water or boating may also result in drowning.

What Causes Drowning Accidents?

Lack of sufficient supervision, poorly built and installed pools, and failure to adequately maintain a pool area are the most common causes of drowning accidents. Since drowning can happen in an instant, a responsible adult must always keep a close eye on them. Drowning deaths are often caused by a lack of supervision. Many states, including California, have legislation requiring that all residential swimming pools be fenced in some way. Drowning incidents are often caused by poorly planned, built, and maintained pool areas.

Who is the most vulnerable to drowning?

People who have easy access to water bodies, such as pools or natural waters like ponds and rivers, are more likely to drown.

Low- and middle-income countries account for about 90% of global drowning deaths. However, areas of the United States with a lot of water parks, swimming pools, and beaches, including Florida, have been reported as high-risk areas for drowning accidents and deaths.

The following are risk factors for drowning, according to the CDC:

• lack of ability to swim
• young age
• Swimming pools are accessible.
• a lack of oversight
• a lack of barriers (e.g., fencing around home pools)
• not wearing a life jacket
• Seizures are a common occurrence in people who suffer from epilepsy.
• Swimming while inebriated is dangerous.

Environmental factors, such as pool accessibility and location, maybe just as important as personal factors, such as the inability to swim, in determining drowning risk. Being able to swim, or having a standby lifeguard, can not be enough to protect a person from drowning-related death.

If a person has been rescued after a near-fatal drowning incident, it is important to seek medical treatment right away so that medical conditions can be properly evaluated. After a near-fatal drowning, ignoring treatment may lead to life-threatening complications such as cardiac arrest and respiratory arrest.

Victims of Drowning in Children

Drowning is the second leading cause of preventable death among children and adolescents under the age of 15, with children aged one to four being the most vulnerable.

The majority of child drownings occur on private property, in swimming pools, ponds, hot tubs, or sinks. Children with underlying medical conditions such as epilepsy could be at a greater risk of drowning complications that are severe and potentially fatal.

The following are some suggestions for avoiding fatal drowning injuries:

• teaching children the basics of swimming
• Keeping an eye on children who are in or near water
• implementing the buddy scheme
• Cardiopulmonary resuscitation (CPR) is a skill that can be learned
• When swimming in open water, always wear a life jacket.

Keeping Swimming Pools Secure

Landowners and homeowners should take a number of precautions to help minimize the likelihood of an accident in or around the pool:

• Enable people to reach the pool only when accompanied by a responsible adult.
• Intoxicated guests are not permitted in the pool section.
• Ascertain that children are still under the care of a responsible adult.
• Toys that should attract children should not be left in the pool.
• When the pool is not in use, it should be covered.
• Make certain that anyone who uses the pool knows how to swim.
• For tourists, go through life-saving strategies and basic first aid.
• Install a pool alarm to warn you when someone enters the pool.

Drowning Accidents: Causes and Liability

Unsupervised children are the leading cause of drowning. Unfortunately, the majority of these incidents take place under the care of a family member or acquaintance. In a swimming pool accident, a person who is incompetent in supervising a child or adult drowning is liable.

Pool owners who refuse to take care to keep their pool safe may also be held liable. If a property owner's negligence causes a drowning, they can be held liable for any injuries or deaths that occur.

• For example, if pool equipment is not properly assembled and a swimming pool accident occurs, the owner will be held responsible. If an unqualified lifeguard is employed, the pool's property owner can be held responsible. If the lifeguard is incompetent, they may also file a lawsuit against the employee.

According to state law, pools in California are required to have covers, locked gates, and fencing that fully surrounds the grounds. These laws apply to all. If these ordinances are not followed, a property owner will be held liable in the event of a death. Your Personal Injury Attorney can identify all liable parties after an investigation.

Duty of Care

Visitors who are lawfully permitted on the premises owe it to homeowners and property owners to take appropriate precautions to protect them.

The Swimming Pool Safety Act of California establishes a number of rules that property owners must follow when they have a swimming pool on their property. Residential swimming pool enclosures, for example, must have 60-inch entry gates and self-latching locks that are at least 60 inches from the ground. Items that could be used as a foothold or handhold must be removed from the enclosure's outside surface.

Other surfaces that could be used to help climbers get around the enclosure

Suction outlets must be sealed with anti-entrapment grates that cannot be removed without the use of tools, according to the Swimming Pool Safety Act.

California also has a set of rules for public pool operators (22 California Code of Regulations 65535). Operators must, for example, keep the following areas in good repair:

• Water purification devices
• Ancillary systems
• Markers
• Showers
• Restrooms
• Provisions for dressing
• Fountains of water
• Floor coverings
• Obstacles
• Doors/Entrances
• Lockers

Pool operators must ensure that pool users are constantly monitored if a lifeguard service is offered. They must also wear lifeguard-style swimwear that clearly defines them as such.

At all times, public pool owners must ensure that a life ring with an attached throw rope is present at the pool. A fixed-length rescue pole with a permanently attached body hook is also needed.

If the property owner fails to comply with these or other laws and visitors are injured, the property owner may be held responsible for the damages.

Liability of the Manufacturer

Manufacturers of products can also be found liable if the cause of a drowning or pool accident is not due to someone's negligence. A manufacturer or seller of a faulty swimming pool component or associated equipment can be held liable in the case of product liability.

When a swimming pool accident occurs as a result of a defective product, the following parties can be held liable:

• The distributor
• Installers or assemblers
• The customer's pool was purchased from a department store.
• The pool's creator

Liability for Premises

Many swimming pool accident cases allege that the pool owner had a duty to keep others safe but failed to do so and that the owner should be held liable under premises liability.

Property owners are required to keep their property, including their swimming pool, in a relatively safe condition in most states, including California. Failure to do so, as well as failure to alert anyone of hidden risks, will result in the property owner being held liable for the victim's injury sustained in or around the pool.

• In certain states, the likelihood of a tourist being present is a major factor in deciding whether the pool and premises were held in a relatively secure condition. These states' laws consider three different categories of visitors, each of whom has a right to a better environment:
• Trespassers are individuals who enter a property without the owner's permission or invitation. Property owners only have a legal obligation not to intentionally damage trespassers.
• Licensees are individuals who are on the land for personal reasons and with the owner's explicit or implied permission. Property owners can't intentionally injure a licensee, and they have to warn them about hidden hazards.

People who are on the property at the owner's invitation and for the owner's financial gain are known as invitees. Property owners must keep an eye out for potentially hazardous conditions and either repair them or alert visitors about them.

Liability of the Government

A drowning or pool death may be blamed on a government agency. A government agency will be held liable if a drowning happens on land owned by a federal, local, or state entity. Governments, too, have a responsibility to keep their swimming pools in good repair. The government department can be held accountable if it is not properly managed.

There are specific guidelines to meet when making a lawsuit for pool injuries against a government agency. The time period for filing a lawsuit is much shorter, and the judicial process is much more structured. If you're pursuing a lawsuit against a government agency, be aware that you'll need to move fast.

Trespassing children are subject to special laws

Children who may be considered trespassers under premises liability legislation in certain states have special rules. Other jurisdictions, such as California, consider a young victim's age and maturity when determining whether the property owner can be held responsible for their swimming pool accident.

The attractive nuisance doctrine is a special premises liability provision for trespassing children. This law holds property owners responsible for the injuries suffered by children who trespassed into their property to investigate something that might possibly cause a child to trespass.

Swimming pools are among the attractive nuisances that could contribute to the owner's liability, so the attractive nuisance doctrine is particularly relevant in swimming pool accident cases.

Recognizing Negligence

A responsible party's inability to provide a safe and suitable environment for patrons or users is referred to as negligence on the grounds of premises liability. As an example, if pool equipment was installed incorrectly, the installers may be held liable. If a lifeguard was employed but was unqualified, or if their negligent supervision resulted in a drowning, a public pool employee could be held responsible.

In addition, several parts of California have passed laws requiring the development and maintenance of private swimming pools. Locked gates and fences around the perimeter, as well as special pool covers, may be required by these rules. Failure to adhere to these guidelines can be construed as negligence.

If a person is injured or drowns in a swimming pool or any facility in California, they could be held liable if their actions were reckless. Similarly, whether the accident was caused by a faulty product, the product's manufacturer, dealer, or seller could be held liable for the injury or death.

Negligence happens when someone fails to act as a reasonable person would in a similar situation. An individual who owns or manages a pool or other swimming facility owes a particular duty of care to those who swim there: to provide a healthy environment. They also behaved negligently because they fail to provide a secure atmosphere in the same way that an ordinary pool owner or operator would.

This is often the result of a lack of supervision. If a swimming pool accident or drowning occurs because the owner or operator fails to have proper supervision for swimmers, the owner or operator can be held responsible for any injuries. For e.g., suppose someone has a pool in their backyard and invites the kids from the neighborhood to swim, but then goes inside to nap. Since the average pool owner would not let children swim in their pool unsupervised, the owner could be held responsible for negligent supervision if a child drowns. Similarly, if pool personnel (such as lifeguards) are not properly qualified and/or certified, sufficient supervision can be a problem. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

In certain cases, a pool owner or operator might be deemed "negligent per se" if they have broken laws governing pools or other swimming facilities. For example, if municipal laws mandate the installation of a barrier, a lockable gate, and other safety devices, such as pool drain covers, and a child is injured or drowns as a result of a breach of these rules, the owner can be held liable.

When a dangerous or faulty product causes a drowning or a pool accident, the product's manufacturer, distributor, or retailer may be held liable for the person's injury or death. This is a form of strict liability in which the claimant is not required to show fault.

A Personal Injury Lawyer will assist you in constructing an argument for compensation, regardless of the underlying cause. Your Personal Injury Attorney will assess responsibility and fight for your interests after conducting an investigation.

Wrongful Death

When a person dies as a result of someone else's wrongful act – whether negligent, careless, or malicious – California's wrongful death statute allows surviving family members or the estate to sue for damages. The rule is codified in Section 377.60 of the Code of Civil Procedure.

Damages may include (but are not limited to) the following items:

• Expenses for burial and funeral
• Amounts that the deceased would have won if he or she had lived.
• Compensation for the loss of the surviving family's support and companionship

These cases are analogous to a cause of action under California law for "loss of consortium." Loss of consortium occurs when a spouse or registered domestic partner is denied the companionship and affection of a living partner as a result of another's wrongdoing.

A wrongful death lawsuit is commonly combined with a CCP 377.30 "survival" cause of action. Survival claims of action are brought on behalf of the victim's estate to compensate for the victim's (rather than the family's) damages as a result of the wrongful act.

In a wrongful death case in California, punitive damages are not applicable. A survival cause of action is the only way to get punitive damages from a wrongdoer.

In California, who has the right to sue for wrongful death?

The following family members (or their personal representatives) are permitted to file a complaint under the California Code of Civil Procedure 377.60:

• Spouses that have survived
• Domestic Partners
• Children
• Grandchildren (If the deceased person's children are also deceased)
• Other minor children (such as stepchildren) who were financially reliant on the deceased for at least 50% of their support
• Anyone else who, under California's intestate succession rules, will be entitled to the deceased's properties

What types of losses are recoverable?

Wrongful death damages are meant to compensate beneficiaries for the value of the financial assistance they may have reasonably expected from the deceased if he or she had lived.

Both economic and non-economic injuries can be covered by compensatory damages. Below, we go through each of these monetary losses in detail.

The shorter of the following periods is the time during which such damages will be recovered:

• At the time of the wrongful act, the deceased individual's life expectancy was unknown.
• The plaintiff's life expectancy at the time of the wrongful act

The jury must decide on life expectancy after considering all applicable factors such as fitness, lifestyle, and occupation.

Economic losses. In California, "economic damages" can include (but are not limited to):

• The loss of any gifts or rewards that the heirs may have expected from the deceased
• Expenses for the funeral and burial
• The fair market value of the deceased's potential household services

Damages that are "non-economic." Non-economic damages can include but are not limited to compensation for the deceased's loss of:

• Companionship and Community
• Safeguarding
• Moral assistance
• Instruction and direction

In a California wrongful death case, there is no set method for determining the sum of non-economic damages. Based on the facts and common sense, a jury may grant any amount that is fair.

Non-economic damages, on the other hand, do not provide sums for the heir's grief, sorrow, or pain and suffering as a result of their loved one's death.

Is it possible for heirs to receive punitive damages?

Under California law, an heir cannot recover punitive damages in wrongful death proceedings. (The only exception is if the victim was killed in a criminal murder case in which the defendant was convicted.) 10

Punitive damages may be eligible, however, if the decedent's estate files a "survival suit."

What makes a "survival" activity unique?

Wrongful death cases in California are often paired with a "survival action" under the California Code of Civil Procedure 377.30.

A wrongful death case compensates the remaining family members of the deceased person, while a survival lawsuit allows the heirs to sue on behalf of the deceased's assets.

A civil action for survival will compensate the estate of a deceased person for two forms of losses:

• Claims that were incidental to the death and for which the deceased had the standing to sue as of the date of death and/or
• Claims for the accident that resulted in death if the person lived long enough to recover from the injuries (no matter how short).
• Survival acts are complex, so we've written a separate article about them. However, one significant distinction is that a survival suit will require a punitive damages award.

It's also worth noting that these two acts will be charged together if they result from the same underlying wrongdoing.

In California, what is the statute of limitations for wrongful death cases?

The term of limitations in California for wrongful death litigation is two years. The clock starts ticking on the victim's death date.

As a result, families can seek legal advice as soon as possible after an accident. Two years is not a long time in the legal world to collect facts and build a solid argument.

What is the definition of a statute of limitations?

A statute of limitations is a legal term that refers to the amount of time you have to file a case. People suing for "stale" allegations from many years ago are discouraged by the courts. The more time passes, the more memories fade, and the more evidence vanishes.

As a result, there is a statute of limitations for each form of a lawsuit. In California, the statute of limitations for wrongful death cases is two years after the victim's death.

What if the statute of limitations has run out on your case?

If the statute of limitations has expired, there might still be avenues to file a case. There are a number of conditions that may cause the statute of limitations to be paused ("tolled" ):

• One scenario is that the victim's family does not learn of his or her death until after the fact.
• Another scenario is when the victim's family learns after the fact that the death was unjustifiable.
• Furthermore, minor children are not expected to sue for the death of a parent until they reach adulthood.
• A lawyer can assist a victim's family in determining whether or not they can appeal after the statute of limitations has expired.

Find A Swimming Pool Injury Lawyer in California

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