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Los Angeles Swimming Pool Accident Lawyer

A fun pool day can easily turn into a tragic event for pool users when someone is hurt. Swimming pool accidents can be extremely dangerous and life-threatening if immediate cautionary steps aren't taken.

If you or a loved one was injured in a pool accident, our swimming pool accident lawyers at our Los Angeles firm are readily available to offer legal assistance. We have more than 60 years of collective legal experience in handling premises liability cases and have recovered over $1.5 billion in legal settlements.

West Coast Trial Lawyers will get you the compensation you deserve for any damages or losses caused by the swimming pool accident. 

To schedule a free consultation with one of our top-rated swimming pool accident attorneys, contact our 24/7 legal team by calling (213) 927-3700. You can also fill out our quick contact form and learn more about your rights in a Los Angeles swimming pool accident.

What to Do After a Swimming Pool Accident

Drowning is a terrifying experience that can result in the victim experiencing Post-Traumatic Stress Disorder (PTSD).

Although taking action immediately after such an incident can be difficult, we encourage drowning victims to perform the following to better their chances of getting awarded the compensation they deserve. 

First Aid

If someone you know is drowning in a pool, you should immediately notify a lifeguard on duty. First aid should be administered once the victim is safe from immediate danger.

If the victim has suffered injuries after the accident, local authorities should be contacted as soon as possible.

The police will arrive at the accident scene to conduct an official police report. You may use this report as proof that you sustained injuries from drowning. 

Medical Assessment

Paramedics may also arrive at the accident scene to administer medical attention. If your injuries appear moderate or severe, you will be transported to the hospital to receive further medical treatment.

Drowning can cause serious injuries, especially to the brain. It would be in your best interest to get yourself examined by your doctor, especially one who specializes in neurology.

Any doctor visits, procedures, or prescriptions relating to the accident will be documented and saved on file. You may ask to receive a copy of your medical records to use as proof that you sustained injuries from drowning. 

All medical bills will be recouped when you receive compensation from your Los Angeles swimming pool accident claim.

Document Evidence

If anyone witnessed your swimming pool accident, you should get their consent to obtain their contact information. A witness testimony will greatly help support your premises liability claim.

You should also take pictures or video footage of the accident scene and any defective products that may have contributed to the cause of your injuries. Additional evidence you should include in your premises liability claim are:

  • Notes of any conversations you had with the witnesses, police officers, or paramedics.
  • Your perspective on what happened before, during, and after the event took place. Do not forget to include the date and time of when the accident occurred.
  • The name of the property owner. 
  • Lack of warning signs.
  • Medical records

A Los Angeles swimming pool accident lawyer can help you with everything you need regarding gathering evidence and legal liability.

California Laws on Pool Safety

To keep Los Angeles residents safe from drowning incidents, California has regulations set in place to protect against swimming pool injuries.

The Health and Safety Code (HSC) is known and cited as the Swimming Pool Safety Act. It defines swimming pools and creates expectations for their use, their upgrades, and their associated structures and enclosures.

Here are some important California laws set in place to ensure the elimination of swimming pool accident cases;

  • Senate Bill 442: The Pool Safety Act details the types of safety barriers that must be present around California swimming pools, with a focus on child safety in pools. According to this bill, all swimming pools must be equipped with at least 2 of the 7 drowning prevention safety features.
  • Assembly Bill 1020: This legislature states the requirement of uniform statewide health and safety standards for public swimming pools. It also discusses the types of suction systems and anti-entrapment devices that must be present in every Los Angeles swimming pool.
  • Assembly Bill 2114: Lays out the guidelines, permits, and provisions necessary for swimming pools and swimming safely in Southern California.

Who Can Be Held Liable for a Swimming Pool Accident?

Liability for swimming pool accidents is determined by California premises liability laws. Pool and property owners are required to provide a duty of care to those who are in their pool. This law applies to both public and private pools where a drowning accident has occurred.

Public Pool Liability

Public pool owners are required to comply with state and federal regulations to keep their pools safe and avoid a swimming pool injury lawsuit.

Factors that could leave a public pool owner liable for injuries may include the following:

  • No lifeguards or proper supervision
  • Faulty emergency equipment
  • No shallow/deep-end warning signs
  • Failing to notify swimmers of obstructions in the pool

Personal injury claims may be filed against negligent pool owners if a drowning accident occurs in their Los Angeles property or the victim sustained serious injuries.

Private Pool Liability

Holding private pool owners liable will be dependent on the circumstances surrounding the swimming pool accident.

If the property owner fails to provide adequate warnings to the visitors about foreseeable hazards present in the area, they will be held liable for any injuries that were caused by their negligence.

Trespassers are excluded from being given a duty of care as it is illegal to be on someone's property without their permission.

In a situation where appropriate warning signs have been placed, the property owner will not face legal consequences as they did their part to prevent foreseeable harm from occurring on their premises. 

A Los Angeles swimming pool accident lawyer will help you hold negligent property owners accountable.

How to Avoid Swimming Pool Accidents

No one intentionally chooses to drown or be a swimming accident victim. However, there are some preventative steps that beginner and expert swimmers can take in order to avoid a catastrophic injury.

Some ways to avoid having a swimming pool injury include:

  • Checking the pool equipment before use
  • Not swimming deep ends
  • Limiting play around the pool area
  • Avoiding slippery surfaces surrounding the pool
  • Having a lifeguard on-site
  • Avoiding consumption of drugs and alcohol prior to swimming
  • Staying hydrated
  • Taking swimming lessons
  • Appropriate placement of diving board

Children Involved in Swimming Accidents

Swimming pools pose a significant and dangerous risk to unaccompanied children. According to the Centers for Disease Control (CDC), drowning is the second leading cause of death for California children one to four years of age.

The law considers swimming pools an attractive nuisance. A legal term used to describe toddlers' uncontrollable curiosity towards places of interest that can potentially harm them, such as swimming pools and playgrounds. This makes property owners liable for any injuries a child sustains as a result of that attraction.

In many cases, young children are left unsupervised in an area with no proper fencing or barriers. This dangerous situation has led to children sustaining serious or fatal injuries.

Pool owners are required to keep the pool safe from children who cannot comprehend or understand the dangers of drowning. They will be expected to set up a fence surrounding the pool to prevent children from accessing the area easily.

Unfortunately, there have been cases where a pool owner has failed to construct a barrier or has no proper supervision near the pool, which has ultimately resulted in a child getting injured or killed from drowning. 

Child pool accidents are among the most common cases our swimming pool accident lawyers handle. If your child has suffered poolside injuries in the Los Angeles area due to negligent supervision, we can recover maximum compensation in a premises liability case on your behalf.

How to Prevent Children from Drowning

According to the U.S. Consumer Product Safety Commission (CPSC), over thousands of children die from drowning in pools, spas and hot tubs each year.

To reduce the likelihood of children drowning, the CPSC created a list of helpful tips that they encourage all parents and pool owners to follow.

  • Do not leave children unsupervised in or near a body of water. 
  • Set up fencing to prevent children from getting into the pool or hot tub without supervision.
  • Make sure someone who knows how to perform CPR is present when a child is in or near a swimming pool.
  • Learn how to swim well and make sure your child also develops the ability to swim safely in a pool. 
  • Ensure your pool has drain covers that follow the U.S. federal safety standards.

Contact a personal injury attorney to file a claim if you or a family member have been hurt in a Los Angeles swimming pool accident.

Common Swimming Pool Injuries & Causes

Not all pool injuries and accidents are caused by drowning. Pool-based injuries can sometimes be caused by design flaws or a lack of quality swimming equipment/gear.

The following are a few of the most common pool injuries victims sustain:

  • Slip-and-fall injuries
  • Concussions
  • Spinal injuries
  • Lacerations
  • Skin irritation
  • Chemical burns
  • Entrapment
  • Memory issues
  • Learning disabilities
  • Seizures
  • Paralysis
  • Traumatic brain injuries
  • Death

Pool-related injuries can be linked to negligence and may require legal action against the pool owners. Here are some typical accident risks associated with in-ground pools:

  • Excessive chlorine/pool chemicals causing chemical burns
  • Falls, slips, and trips around the pool
  • Shallow-end diving boards
  • Hazardous debris or lack of proper pool equipment
  • Inattentive lifeguards or improper supervision
  • Improper maintenance or sanitation of the pool
  • Drain suction
  • Diving board accidents

An experienced swimming pool injury attorney from our firm can assist you with filing a claim if a pool accident occurred on someone else's premises.

Damages for Swimming Pool Drownings

Swimming pool accident victims can recover damages in a personal injury claim if a drowning occurred due to a negligent swimming pool owner.

How much is awarded for a swimming pool drowning depends on the circumstances surrounding the case. Determining liability is the first step toward calculating recoverable damages.

You will be able to recover damages from your swimming pool accident case, such as:

  • Medical expenses
  • Pain and suffering
  • Legal fees
  • Loss of consortium
  • Loss of earning capacity
  • Emotional distress

Schedule a free no-obligation consultation with one of our swimming pool accident attorneys to ensure you get the best out of your settlement claim.

Wrongful Death Accidents in Swimming Pools

Unfortunately, severe drowning accidents may sometimes result in the death of a loved one. In the devastating event that this occurs, the victim's surviving family members may pursue legal action by filing a wrongful death lawsuit.

Surviving family members who are given the legal right to file a wrongful death claim include the following:

  • Spouse or Putative spouse
  • Children or Grandchildren
  • Parents or legal guardians
  • Legally entitled property successors

To file a wrongful death claim, you will be required to provide evidence of one of the following:

  • The defendant owed the deceased victim a duty of care,
  • The defendant breached their duty of care, and
  • The defendant's negligent actions resulted in the victim's death.

West Coast Trial Lawyers Can Help You

You may feel unprepared to think about legal issues soon after being involved in a swimming pool accident, but a swimming pool accident lawyer can do all the heavy lifting for you, so you don't have to do a thing.

Our personal injury attorneys here at West Coast Trial Lawyers can help protect your legal rights during this challenging time. 

Call our toll-free number today at (213) 927-3700 or fill out our quick contact form and someone from our dedicated team will reach out ASAP.

Resources from West Coast Trial Lawyers

What Should You Do After a Pool Accident and Who Is Liable?

Who Is at Fault in a Premises Liability Case?

Premises Liability and Wrongful Death

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