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Swimming Pool Accidents


Determining Liability In A Swimming Pool Accident

A day at the pool is supposed to be fun, especially when kids are involved. However, poolside and swimming related accidents are the second leading cause of death for children under fourteen. Without proper safety measures, a pool can become a deadly place. According to the U.S. Consumer Product Safety Commission (CPSC), almost five hundred children under the age of five drown in swimming pools every year, and approximately 3,000 more require emergency room visits for submersion injuries.

Sadly, of all the preschoolers who lost their lives in a swimming pool accident, about 70% percent were in the care of one or both parents when the tragedy occurred. A swimming pool owner, like any property owner, is responsible for all accidents on their premises. When it comes to swimming pools, property owners are responsible to at least provide reasonable and effective barriers to keep unsupervised children out.

Swimming pool accidents can be caused by more than inadequate fencing. If you or a loved one was injured after a swimming pool accident, the team of Los Angeles premises liability lawyers is here for you. We have decades of experience handling premises liability claims in Los Angeles and we’re prepared to take your case to trial to ensure that you recover maximum compensation for your losses.

What To Do After A Swimming Pool Accident

If anyone is injured or requires medical help, please call 911 immediately before doing anything else. Then take the following steps.

Document Evidence. Like in any other accident, always write down names, addresses and phone numbers of any potential witnesses. Use your cell phone to take photographs of the accident scene, and include any defective pool equipment that may have contributed to the accident. Do your best to collect any defective products and keep them in a secure place.

You should also:

  • Obtain police reports and records from the hospital emergency room.
  • Take notes of any conversations with witnesses, the police and emergency medical personnel.
  • Write down everything you possibly can about the accident.

Contact A Los Angeles Premises Liability Attorney. Health should always be your priority after any accident, but consulting with an experienced Los Angeles premises liability lawyer should come next. It is understandably difficult to think about legal issues soon after a tragedy, but an experienced lawyer can help protect your legal rights during this challenging time.

Soon after a drowning occurs, any negligent parties will contact their insurance providers. These insurance companies have adjusters, investigators, and lawyers whose primary objective is to minimize liability and offer you the smallest settlement possible. Remember: never discuss a pool accident with anyone without first consulting with your Los Angeles swimming pool accident lawyer.

Liability In A Swimming Pool Drowning Accident

Determining liability in a swimming pool drowning incident will involve one, or all, of three legal theories: 1) Premises Liability, 2) Negligence, and 3) Products Liability.

Premises Liability

When it comes to swimming pools, all property owners have a responsibility to take reasonable measures to ensure that their pool is safe for all users. Premises liability applies to:

  • Private and residential swimming pools owners.
  • Property owners with private or commercial pools made available for guests. members, or tenants (campgrounds, motels, apartment complexes, health clubs, etc.).
  • Property possessors or operators.
  • Government property owners of public municipal swimming pools or school swimming pools.

Premises liability is usually focused on a property owner’s lack of adequate pool maintenance or supervision. Examples include the following:

Warning Signs. Property owners may be liable for a swimming pool drowning if they didn’t post appropriate warning signs. In the absence of a lifeguard, signs indicating the depth of water or “swim at your own risk” must be visible to all pool users. Hidden or illegible signs are inadequate and mean an owner can still be liable.

Inadequate Fencing. Statistics show that pools without fencing are 60% more likely to involve a drowning than fenced in pools. If it can be proven that a reasonably careful property owner would have installed proper fencing and gates, any owner who fails to do so may be found liable.

Improper Maintenance. A property owner who fails to maintain a pool or any necessary safety equipment in good condition can be found liable. Swimming pools that are only half filled, for example, may cause liability issues if a swimmer hits their head at the bottom and is injured or dies.

Negligence

If improperly installed pool equipment results in a drowning, that might be an example of negligence on behalf of the installers. Another example is when an employer hires an unqualified lifeguard and the lifeguard’s negligent supervision directly leads to a drowning.

Products Liability

A product liability claim has nothing to do with anyone’s negligence. In these cases, a manufacturer of a defective swimming pool or defective pool related equipment is responsible for selling a defective product. Anyone involved in the “chain of production” can share varying degrees of responsibility, depending on the circumstances.

There are three types of defects:

  1. Manufacturing defects made during the manufacturing process.
  2. Design defects made before the product was manufactured.
  3. Inadequate user instructions or safety warnings.

Our Team is Here to Help

If you or a loved one was injured in a swimming pool accident, contact an experienced Los Angeles premises liability lawyer at West Coast Trial Lawyers today. Our attorneys will get you maximum compensation for medical care and damages. Consultations are always free, and you only pay when we get you compensation for your injuries. You can reach our friendly staff today by emailing us at info@westcoasttriallawyers.com or by calling toll free at (213) 927-3700.



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