Poolside and swimming-related accidents are the leading cause of injury-related deaths among children who are younger than the age of 5 years old. Without proper safety measures, a pool can become a deadly place.
According to the USA Swimming Foundation, nearly 163 children who were younger than 15 years old fatally drowned in swimming pools or spas in 2017. 112, about 70 percent, of the victims were children younger than the age of 5.
Out of 9 states, California was ranked as the 2nd state, tied with Texas, for the highest number of pool and spa drownings. Both states had reported 14 drowning incidents, while Florida had 25.
It has been reported that the biggest drowning threat for toddlers is unsupervised access to water, such as swimming pools, spas, and hot tubs. About 69 percent of drowning among children younger than 5 years old happen during non-swim times.
A swimming pool owner, like any property owner, is responsible for all accidents on their premises. The owner should have reasonable and effective barriers to keep unsupervised children out. Research suggests that adding fencing will help prevent more than half of all swimming pool drownings.
Swimming pool accidents can be caused by more than inadequate fencing. If you or a loved one was injured after a swimming pool accident, our team of premises liability lawyers are always available to help you.
We have decades worth of experience handling premises liability claims and are confident that we will get you the compensation you deserve for any damages or losses caused by the swimming pool accident.
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 premises liability lawyer.
Determining liability in a swimming pool drowning incident will involve one, or all, of three legal theories: Premises liability, negligence, and product 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:
Premises liability is usually focused on a property owner’s lack of adequate pool maintenance or supervision. Examples include the following:
If improperly installed pool equipment causes an individual to drown, then that could be an example of negligence on behalf of the installers. Another example could be when an employer hires an unqualified lifeguard and the lifeguard’s negligent supervision directly leads to someone drowning.
A product liability claim is directed towards the manufacturer of the swimming pool or defective pool equipment that is responsible for causing a swimming pool drowning accident. Anyone who is involved in the “chain of product” may share a degree of responsibility, depending on the circumstances.
There are three types of defects:
If you or a loved one was injured in a swimming pool accident, our expert team of premises liability attorneys at West Coast Trial Lawyers will help you get the compensation you deserve for the losses you have suffered, including medical bills, lost wages, and pain and suffering.