Experienced Swimming Pool Accident Attorneys in Los Angeles
There are more than 1.18 million residential pools in California. Swimming is a fun, popular pastime and a great way to keep cool in Los Angeles. As great as pools might be, there are risks.
Quick Stats About Swimming Pool Accidents
According to the Department of Developmental Services (DDS):
- In California, drowning is one of the leading causes of death in kids ages 1 to 5.
- Around 185 kids need emergency treatment for near-fatal drowning injuries like TBI.
- The average number of pool drownings in California was 31 children from 2010 to 2017.
- The average number of swimming accidents and drowns was 51 children from 2010 to 2017.
In this article, our Los Angeles personal injury lawyer answers frequently asked questions you might have. We represent clients who have gotten injured or pool owners who need legal advice or representation.
What Are California Laws for Premises Liability and Pool Accidents?
Premises liability is a legal term commonly used in personal injury cases. In California, pool owners are responsible for making sure they keep their property safe for visitors. When someone gets hurt, the first thing a court will assess is whether the owner exercised a standard of care.
If you occupy, own, or lease property, an injury attorney in Los Angeles would advise you to maintain safe conditions or warn visitors of any risks. Most don’t know that pools are considered dangerous – and without protection or constant supervision, you could be liable should anyone get hurt.
What Are the Requirements for Residential Pools?
Each state has specific policies regarding swimming pools. L.A. swimming accident lawyers stress the importance of safeguarding your backyard, whether the swimming pool is above or below ground. Per the Swimming Pool Safety Act, two of seven safety precautions should get implemented.
- Put up mesh fencing with a self-closing, self-latching gate. It must meet requirements per the American Society for Testing and Materials Specifications (ASTM) F2286.
- Exit alarms should get placed on doors leading to the swimming pool.
- The self-closing and self-latching should not be lower than 54 in. above the floor on each door.
- Place a safety pool cover over the pool that complies with ASTM specifications.
- Have an alarm in the swimming pool to indicate when someone enters the water (especially unauthorized).
- Enclosures should isolate the pool from your home and meet the requirements listed in the Safety Act.
You can improvise and add your means of protection, but it must get verified by a laboratory to confirm it meets all ASTM standards.
What Is the Statute of Limitations?
Adults or children that get hurt in a swimming pool accident have two years from the date of the accident to pursue damages in Los Angeles. In the U.S., each state limits the amount of time you can file a claim and settle.
Are There Exceptions Toward the Statute?
Age/Mental Capacity: Because most pool injury cases involve kids, many must wait until they turn 18 years old to bring a lawsuit. They would have two years unless diagnosed with a mental condition. In that case, it’s two years from the moment they are mentally competent.
Government lawsuit: This is common in public pool accidents. Victims have six months to file an administrative claim. If denied, you can pursue a claim.
Hiring a residential pool injury attorney can help you file a timely claim and win maximum compensation.
What Are Common Swimming Injuries?
At Gutierrez Law, we see several claims involving the following pool injuries:
- Spinal cord injury
- Brain damage
- Wrongful death
- Internal damage (organs, lungs)
- Fractures and sprains
How Might Swimming Pool Accidents Happen?
Common causes of swimming pool accidents include:
- Wet and slippery conditions
- Defective pool structure or parts
- Hazardous debris
- No warning signs.
- Lack of supervision
- Swimming under the influence
What If I Share Fault in A Pool Accident?
If you share fault in an accident, that doesn’t mean you won’t be able to recover damages. The court will deduct your liability from the recovered amount. Speaking to a swimming pool injury lawyer can help you recover as much as possible.
Why Should I Hire Pool Accident Attorneys from Gutierrez Law?
Our law firm specializes in helping clients injured by someone else’s negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. Don’t leave your medical bills and property damage to chance. Contact our office for a free consultation at 323-999-3500 or email us at email@example.com.