What is a Swimming Pool Injury Lawsuit?

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What is a Swimming Pool Injury Lawsuit?

It’s the middle of summer, and hopefully you and your family are able to find some time to relax and enjoy one another’s company. Here in California, we’re fortunate to be able to take advantage of our swimming pools and water slides year-round. And with many Los Angeles-area properties having swimming pools – both private homes as well as apartment complexes – access to pool-related activities is something afforded to a large number of residents.

What is a Swimming Pool Injury Lawsuit?

But with that increased access comes some inherent risk, as pools and water slides can be potentially dangerous. Unfortunately, swimming pool and water slide injuries are a common occurrence here in California, as are drownings – both fatal and non-fatal.

Below we will review what types of swimming pool injuries are known to commonly occur (especially during the summer months), and outline what steps to take to properly file a personal injury lawsuit and successfully recover financial compensation for any losses endured, such as hospital or medical expenses, lost wages, or pain and suffering.

Our experienced attorneys can help you pursue a financial award for your personal injury case. Contact us online or by phone for a free consultation today.

What Types of Swimming Pool Injuries Commonly Occur?

A swimming pool can be a source of leisure and enjoyment, but the area also poses a number of dangers, particularly to small children. Swimming pool accidents leading to injuries are unfortunately much too frequent.

Some common swimming pool-area accident scenarios include:

  • Slip and falls on wet surfaces
  • Diving board accidents
  • Slide accidents
  • Drownings
  • Near-drownings

Those accident scenarios can result in a number of injuries, such as:

Let’s break down swimming pool-related injuries into two categories: drownings and non-drownings.

Swimming Pool Drownings and Near-Drownings

Drowning data from the Centers for Disease Control and Prevention (CDC) confirms the following statistics:

  • An average of 11 drowning deaths occur every day in the U.S.
  • An average of 22 non-fatal drownings occur every day in the U.S.
  • Approximately 3,960 fatal unintentional drownings occur annually in the U.S. (including boating-related drowning)
  • Approximately 8,080 non-fatal drownings occur annually in the U.S.
  • For every child who dies from drowning, another eight children receive emergency department care for non-fatal drowning
  • Over 40% of drownings treated in emergency departments require hospitalization or transfer for further care (compared with 8% for all unintentional injuries)
  • Drowning injuries can cause brain damage and other serious outcomes, including long-term disability
  • Boys younger than 15 die from drowning at twice the rate as girls

Overall, CDC data confirms that children ages one to four have the highest drowning rates, and most child drownings occur in swimming pools. More children between the ages of one and four die from drowning accidents than from any other cause of death (with the exception of birth defects). For children ages one to 14, fatal drowning is actually the second-leading cause of unintentional injury death behind motor vehicle crashes.

In 2017, the Consumer Product Safety Commission released data obtained during the summer months. From Memorial Day through Labor Day of that year, the following states suffered the highest number of pool and spa drownings involving children younger than 15:

  • Florida: 25
  • California: 14
  • Texas: 14
  • Arizona: 10
  • Georgia: 7
  • Ohio: 7
  • Virginia: 7
  • Indiana: 6
  • Louisiana: 6
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Swimming Pool General Injuries

Exact data on general swimming pool injuries is not easily accessible, but falls from diving boards, slide accidents, and slips/trips on wet surfaces in the immediate area all account for a number of incidents impacting both children and adults. At times, these injuries are severe and require long-term medical care.

How Much is a Hotel/Resort Slip and Fall Lawsuit Worth?

Can I File a Lawsuit if I’m Injured at a Private or Public Swimming Pool?

When filing a swimming pool injury lawsuit, it’s important to understand who is liable for any resulting damages. Whether the pool in question is privately or publicly owned will impact how the claim is filed.

For accidents that happen at a private swimming pool, a personal injury lawsuit can be filed against the pool’s owner – whether a private individual at a home or a landlord at an apartment complex. In most cases, the pool owner will have a homeowner’s insurance policy that covers any accidents resulting in injuries.

If a drowning tragically occurs, a wrongful death claim may be filed by the decedent’s surviving family members. Wrongful death claims can help recover various types of damages, including:

  • Funeral and burial expenses
  • Loss or insurance
  • Loss of pension
  • Loss of companionship
  • Loss or financial support

Private swimming pool injury lawsuits are often filed against individual owners, landlords, or hotel/property management companies.

For public swimming pool accidents, a claim needs to be filed against the entity that is responsible for maintaining the location. That could be a local government, a parks department, or any number of municipalities. These cases can be a bit more complex, but that in no way should discourage you as an injured victim from filing a claim.

Who is Liable for My Swimming Pool Accident injury?

Who is Liable for My Swimming Pool Accident injury?

California law stipulates that pool owners must maintain a reasonably safe condition for visitors. This applies whether the individual accessing the swimming pool is an invitee or a licensee. However, whether the injured victim was an invitee (someone on the property at the owner’s invitation) or a licensee (someone on the property for their own purposes) will impact how the claim is filed.

An experienced swimming pool injury lawyer from Dordulian Law Group (DLG) will be able to review the facts of your case, launch a thorough investigation into the accident, and provide detailed guidance regarding all of your available legal options.

Can I be Sued if a Trespasser was Injured in My Swimming Pool?

A swimming pool is what’s known as an “attractive nuisance” to a potential trespasser. However, the attractive nuisance doctrine was abolished in California back in 1970. Some grey area still exists, however, but we have all the information you need via our informative blog from a few months back.

What is the Statute of Limitations for Filing a Swimming Pool Injury Lawsuit?

In most cases, injured victims have two years from the date of the accident to file a claim. However, it is strongly recommended that you file a claim immediately after a swimming pool accident to ensure the best chance of success.

If the claim is brought against a public or government entity, you may only have six months to file. As these cases can be difficult to properly prove, injured victims are encouraged to contact an experienced and dedicated personal injury lawyer as soon as possible after the accident occurs.

Reducing Swimming Pool Injuries

The Consumer Product Safety Commission recently launched the ‘Pool Safely‘ national public education campaign to provide children and adults with key information that can help prevent general injuries as well as fatal and non-fatal drownings. They advise that the following steps can help improve pool safety:

  • Install a four-sided fence with a self-closing, self-latching gate around all pools and spas
  • Designate an adult Water Watcher to supervise children at all times around the water
  • Learn how to swim and teach your child how to swim
  • Learn how to perform CPR on children and adults
  • Teach children to stay away from pool drains, pipes and other openings to avoid entrapments
  • Ensure any pool or spa you use has drain covers that comply with federal safety standards (if you do not know, ask your pool service provider about safer drain covers)

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert Swimming Pool Injury attorneys.

Hiring the Best California Swimming Pool Injury Lawyer to Handle Your Claim

When you’re injured in a swimming pool accident, you deserve representation from an experienced and proven personal injury lawyer who will give you peace of mind knowing that your claim is in the best possible hands. This confidence will allow you to focus on what’s most important – your physical recovery and overall well-being.

By DLG to handle your swimming pool injury claim, you’ll have the combination of unparalleled experience and proven results. With DLG, injured victims are provided added advantages:

  • Over $100,000,000 in settlements and verdicts successfully recovered
  • A 98% success record maintained throughout the years
  • Founded by a former Deputy District Attorney for Los Angeles County
  • Over 100 jury trial victories
  • Over 25 years of combined experience
  • An in-house Chief Investigator (retired LAPD detective, Moses Castillo)

Our team of skilled and trusted attorneys will fight to ensure you recover the maximum financial damages award you deserve for your swimming pool accident injury. At DLG, we pursue financial compensation for all types of damages (whenever applicable):

Economic Damages:

  • Hospital or medical expenses
  • Rehabilitation costs
  • Physical therapy costs
  • Lost wages
  • Lost earning capacity

Non-Economic Damages:

  • Pain and suffering
  • Reduced quality of life
  • Emotional trauma
  • Psychological distress

Punitive Damages:

These damages, meant to punish a defendant who was severely negligent or acted with malice, are not capped in the state of California.

Contact the experienced team of personal injury lawyers at DLG today. Led by former Deputy District Attorney for Los Angeles County, Sam Dordulian, we’re a firm with proven results indicating the sincere dedication and personalized attention we offer to each and every client. With over 100 jury trial victories, Dordulian has the courtroom savvy required to help prove your claim and recover the maximum financial damages award you deserve.

For a free and no obligation consultation, contact us today online or by phone at 818-322-4056. Our No Win/No Fee Guarantee means you’ll never have to worry about upfront fees or out-of-pocket expenses. With DLG, you never pay a thing until we recover a maximum damages award on your behalf.

For your swimming pool accident injury, contact California’s leading personal injury lawyers at DLG.

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