If you or a loved one has been injured in a swimming pool accident you may be entitled to compensation. Contact the experienced swimming pool accident attorneys at the Citywide Law Group to learn more. Our team of attorneys has more than 17 years of experience handling complicated personal injury claims.
We understand that your family’s well-being is at stake and will fight to get you the money you deserve. Call us today to set up a free consultation. We will review your case, determine liability, and answer your questions.
Swimming Pool Accident Injuries
Children Likely to Suffer Swimming Pool Accident Injuries
Children are the most common victims of swimming pool accidents. The Centers for Disease Control (CDC) reports that drowning is the leading cause of death in children between the ages of 1 and 4. Five times as many children suffer serious but non-fatal injuries. Most of these swimming pool accidents happen when parents leave children unattended for less than 5 minutes.
Causes of Swimming Pool Accidents
According to the CDC, the leading causes for swimming pool accidents include:
- Inability to swim
- Unsupervised swimming
- Using alcohol or drugs while swimming
- Lack of adequate fencing
- Slippery conditions around the pool
- Lack of warning signs
- Poor maintenance, and
- Failing to install appropriate safety devices and pumps.
Common Swimming Pool Accident Injuries
Many swimming pool accidents are fatal. When pool accidents are not fatal, the injuries that a victim suffers can be devastating. These injuries can impose serious financial hardships on victims and their families.
We have helped Los Angeles swimming pool accident victims recover compensation for injuries including:
- Fractured and broken bones
- Traumatic brain injury
- Spinal cord injury
- Internal organ damage
- Lung and respiratory disorders
- Neurological impairment
- Loss of limbs
- Paraplegia, and
Liability in Swimming Pool Accident Injury Lawsuits
Premises Liability in California
Who is responsible when a swimming pool accident injury occurs? There are a few different possibilities. The answer will depend on the facts and circumstances of your specific case. However, most swimming pool accident lawsuits in Los Angeles are based on premises liability.
Premises liability is basically a way to hold someone responsible when the condition or use of property causes an injury. Swimming pool owners in Los Angeles have a responsibility to protect others from foreseeable harm. When owners fail to protect other from swimming pool accident injuries they can be held financially responsible.
A successful premises liability lawsuit will require proving that:
- The defendant owned, leased, occupied, or controlled the swimming pool;
- The defendant was negligent in the use or maintenance of the swimming pool;
- You suffered an injury or harm; and
- The defendant’s negligence was a substantial factor in causing your harm.
When can a swimming pool owner be considered negligent in the use or maintenance of a swimming pool? In California, owners of property will be considered negligent if he or she “fails to use reasonable care to keep the property in a reasonably safe condition.” Owners must use reasonable care to discover any unsafe conditions that would be reasonably expected to cause harm. When these unsafe conditions are
Discovered, the owner must repair, replace, or give an adequate warning about the presence of a dangerous condition.
Comparative Negligence in Swimming Pool Accidents
Anyone who uses a swimming pool must exercise reasonable care and caution. If you were partly to blame for your swimming pool accident your ability to recover compensation may be limited. This does not mean that you cannot recover anything at all. Your damages will be reduced by your own percentage of fault.
Let’s say you slip and fall near a pool because you were running. A jury may determine that you and the pool’s owner were each 50 percent at fault. You suffered $100,000 in damages. You would be limited to recovering a maximum of $50,000 from the swimming pool owner. $100,00 reduced by your 50 percent liability.
Recovering Compensation After a Swimming Pool Accident
A swimming pool accident can cause serious and life-threatening injuries. These injuries can require extensive medical and rehabilitative care. This can be very expensive. Most Americans do not have enough saved away to cover these costs. A personal injury lawsuit for damages may be the best solution to pay for your accident-related costs. Swimming pool accident victims can recover two types of damages: economic and non-economic.
Economic damages are awarded to make up for the financial losses you suffer because of your accident. These are verifiable costs. Medical bills, rehabilitation, prescription medications, lost wages, and reduced earning capacity are all examples of economic damages.
Non-Economic Damages are awarded to compensate you for losses that are not of a financial nature. These injuries and losses are subjective. They are difficult to assign a dollar value. Non-economic damages can vary significantly from case to case. Pain and suffering, disfigurement, and loss of enjoyment of life are all examples of non-economic damages.
What To Do After a Los Angeles Swimming Pool Accident
Swimming pool accidents can be traumatic. This is especially true if the injuries are fatal or life-threatening. A personal injury lawsuit may be the furthest thing from your mind immediately after an accident. However, it is important to take the following steps after a swimming pool accident. These will help to ensure your safety and the success of a lawsuit down the line.
Seek Medical Attention
In some cases, you may be rushed to the emergency room in an ambulance. If this is not the case it is still important to take a trip to the doctor. A doctor will treat your visible wounds and make sure that there are no internal or serious injuries. The medical evaluation and notes from this visit will be extremely helpful if you decide to file a personal injury claim for damages. Your attorney will use this information to leverage a higher settlement or award.
Document the Accident
Calling the police may not be your first instinct after an accident. However, a police report is a great way to document your accident and injuries. A police report is not admissible as evidence in court. However, the information it contains can be very helpful in the future. The police report will catalog information and evidence that may be lost or forgotten. If you choose not to call the police you should document the accident yourself. Take photographs, make notes, and write everything down. This is less persuasive than an official police report, but can be helpful.
Insurance companies will try to get you to agree to a low-ball settlement offer. It is in your best interest to refuse to speak with these companies. They are not on your side. They will try to take advantage of your lack of legal experience and the overwhelming situation. The best way to keep the insurance companies from winning is by hiring an attorney to represent you. Attorneys understand how insurance companies operate and know how to get you the best possible settlement.
Speak With a Los Angeles Swimming Pool Accident Attorney
If you have been injured in a Los Angeles swimming pool accident do not hesitate to contact an attorney. At Citywide Law Group, our attorneys understand the seriousness of these types of accidents. We will fight to get you the money you need and deserve to recover. With more than 17 years of experience, we have established ourselves as well-respected personal injury attorneys in Los Angeles.
Contact our Los Angeles office today to schedule a free consultation. We offer our legal services on a contingency fee basis. This means that you can recover from your accident without having to worry about paying steep legal fees. You only pay us if we win.