Swimming Pool Injury Lawyer in Los Angeles
Swimming pools make great additions to residential homes. From enjoying a nice day in the cool water to increasing the value of your home, you just can’t go wrong with a pool. However, when you have a swimming pool at your home, it can come along with some risks on your part. Let’s take a look at the various injuries that could occur around the swimming pool and understand what you should do to limit them.
Types Of Injuries That Happen
Any swimming pool injury lawyer could name a ton of different pool related accidents that they’ve dealt with over the years. However, there are just some accidents that tend to happen more often than other accidents. For the purpose of this short article, we’re going to look into injuries that can happen at a residential, community, and private pools. The most popular types of injuries to happen to individuals when it comes to being around the pool include:
- Slip and Falls
- Diving Board Injuries
- Fractures/Broken Bones
As you can see, there are various accidents that happen at a swimming pool. Many of these can lead to serious injuries, including head injuries, wrongful deaths, spinal cord injuries, and neck injuries. While some of these injuries listed above can be treated via surgery, others can be life-changing. Many people injured in a swimming pool accident find that they need a Los Angeles public pool injury attorney to help them seek damages for medication, pain and suffering, surgery, appointments with specialty doctors as well as the loss of the ability to work.
How Do Pool Injuries Occur?
Any property owner that has a swimming pool is legally responsible for providing a reasonable level of care when it comes to their pool environment. A swimming pool accident attorney will always look for any breach of this duty that a property owner may have done. Property owners include private homeowners, hotel owners, condo associations, and so forth.
A skilled swimming pool injury lawyer will be able to prove that the property owner was negligent in their duty of care for the injured party. Proving negligence can be a straightforward case in some accidents or more difficult in others. The first things that a Los Angeles pool accident injury attorney will look for when checking out neglect include:
- Lack Of Pool Maintenance
- Missing Pool Ladders
- Malfunctioning Dividing Boards
- Missing Safety Signs
- Defective Pool Parts
- Inadequate Lighting Around The Pool
- Lack Of Proper Safety Equipment
- Improperly Trained Staff
- Preventing Pool Injuries
Any personal injury lawyer in Los Angeles will instruct their client to do their best to prevent any pool injuries. Whether it means protecting yourself or protecting the area from others having injuries, it pays to use precaution. Let’s take a look at the things you can do to help prevent these nasty injuries from occurring.
It’s important to realize that various pool settings will require different precautions. The law requires any public pool to have a lifeguard on duty when there are children 16 years of age or younger at the pool. Other pools are mandated to have a lifeguard on duty no matter what. These particular pools include water parks, water slides, and wave pools. When a lifeguard is required to be monitoring the pool, the ratio is one lifeguard per every 100 people. This means public pools which can accommodate more than 100 people will need to have more lifeguards on duty.
It’s a well-known fact that any personal injury lawyer in LA will be more likely to fight a case that occurs at a residential pool than one at a public pool. This comes down to two major facts. The first is that residential pools are not typically bound by the same legal safety standards as the public pools. In many states, there’s no fencing required with residential pool. Second, people tend to feel more relaxed when at a residence compared to a public pool. This can lead to letting your guard down and doing risky movements that you wouldn’t attempt in a public setting.
As a property owner, it’s a good idea to pay close attention to who is at your pool. You should attempt to go out of your way to make it as safe as possible. If need be, install a fence. Non-slip walking areas are a great way to help prevent slip and falls. It’s a great idea to be a proactive property owner to keep accidents at your pool to a minimum so you can avoid using a swimming pool accident attorney to defend you.
The best way to stop a potential drowning accident at your commercial or residential swimming pool is by installing safety precautions. Drowning can happen in the blink of an eye, and often unbeknownst to those around the victim. Safety precautions will prevent these situations so that lifesaving first aid does not have to be performed. Some of the best safety tools are listed below:
- Life jackets: A fitted US Coast Guard-approved life jacket can keep both children and adults with poor swimming skills afloat with little physical effort.
- Swimming lessons: Teaching children how to swim is essential to pool safety. Never let your child in the water without safety equipment if they do not know how to swim.
- CPR training: In the event someone is drowning, giving them CPR can be the difference between life and death. Parents, babysitters, lifeguards, and pool owners should know CPR so that they can give the victim first aid before emergency medical professionals arrive.
- Water watcher: If the pool does not have a lifeguard, an adult should be assigned “water watcher,” who will keep a close eye on children in the water. Whomever is doing this job should pay attention and avoid any distractions.
If you live near a community pool, you may be wondering who is in charge of keeping it safe. Drowning is a leading cause of death for minors under the age of 14, so it’s important that the liable party is doing everything they can to ensure a safe swimming area.
If it’s a neighborhood pool, the HOA is likely responsible for maintaining the pool. If the pool area has defective parts, unadvertised hazards, or a lack of sufficient supervision, the HOA can be held liable for any injuries that occur as a result of their poor maintenance.
Lifeguards should be trained in CPR and sit “poised and ready” at their post in case someone needs help. This is what they are being paid to do, so they should not distract themselves from watching swimmers with books, phones, or friends. California expects lifeguards to exhibit a reasonable level of care when working, and this means that they are not liable for swimming pool deaths if they did everything they could to prevent the victim from drowning. However, if the lifeguard on duty was inattentive, then you also may have a property injury claim or wrongful death lawsuit on your hands.
Hotels, motels, and resorts all have a reasonable duty of care that they should take to keep guests safe while on their premises. U.S. premises liability law says that all guests on the premises of hotels and resorts are considered “invitees,” which means that they are welcome on the property and should be given a safe experience while on the property. This also means that the company who owns the land they are on can be held liable if the invitee injures themselves. However, hotels and resorts are not liable for criminal acts committed on their property, unless staff was aware the act was happening and did nothing to help. Liability for lost and stolen items is limited, and it usually only applies if the hotel’s locks or security failed, resulting in a guest’s belongings being stolen.
Families who visit local pools are just hoping for a day of fun, but their pool day can quickly turn tragic at the fault of any of the below dangers:
- Powerful Drains: Pool drains can create powerful levels of suction that can injure children if the suction pulls in their clothes, hair, or limbs. Being stuck at the bottom of a pool will drown them, which is why all pools should have a drain cover.
- Overcrowded Waters: Drowning people do not usually jump up and flail their arms; instead, real-life drownings are often quiet and go unnoticed by those nearby. This is why overcrowded pools are so dangerous. With so many people inside the pool, it can be hard to see someone stuck beneath the surface.
- Faulty Fences/Gates: If you own a pool, you should have a working fence and/or gate to keep unwanted guests out of your pool. Having this layer of protection will also lower your insurance costs and help you avoid liability should someone trespass and injure themselves in your pool.
- Missing Depth Markers: A pool should label the depth of its deepest part so swimmers can be informed if it’s over their limits.
- Murky Water: Poor visibility can result in a swimmer drowning without anyone noticing. The chlorine in a pool should make the water clear, and any pool with dark water may be lacking that cleaning agent.
If parents notice any of the above signs, they should take them as a red flag that their family might not be safe in the water.