Apartment complexes that are closed off or gated are usually operated by landlords
who are more hands off than others are. They have pools present in the complexes, but they may only do basic maintenance and cleaning
. They do not provide a lot of protection or safety
. Therefore, accidental drowning incidents are not uncommon, and accidents can happen quite often. It is important that you be aware that you can take appropriate legal action if a loved one drowns in an apartment pool. Our lawyers at the Downtown LA Law Group
will help you win your case and get the compensation you deserve.
What are risks with apartment pools?
Apartment complexes may take up a lot of land and have multiple pools in them. These pools are often gated off, but they are easily accessed by anyone who lives there and do not often have lifeguards present
. They are for private use and rely on people to be careful and protective of each other. The pools may also not be covered when they are gated off or during colder times of year. The issue is, of course, that accidents can always happen.
Children may be involved in apartment pool drowning
if they are playing near the pool and slip in. They may not know how to swim, and if they are alone, they may be unable to get out. They may also not be strong enough to climb up the side. Ladders and steps in the pool can also be defective
and may break when being used. Children are the most at risk of apartment pool drowning accidents
Individuals can also drown in apartment pools for similar reasons, but they are also more afflicted with drunkenness, injury, cramps, and medical conditions. If someone is in the water and his ability to swim is suddenly compromised, the results can be tragic.
The fact that there are seldom lifeguards in the pool area is testimony to the negligence of the apartment
. The apartment should also have ample warnings for people and swimmers. The pool may not have its depths listed, and if it is a shallow pool, a diver could be seriously injured and drown upon diving into the pool. Too many individuals have dove into shallow waters only to crack their skulls or hit the bottom and be unable to come up.
The risks that are inherent with apartment pools should be addressed by landlords and property owners. In the event of a drowning, you should take appropriate legal action against the property owner.
How can I sue for liability if a family member drowned in an apartment pool?
If you wish to sue for damages from a drowning in an apartment pool, you must be able to prove that the property owner was negligent in some way. Premises liability cases can be filed if any of these points are proven to be true:
- The property owner caused the hazard at the pool
- The property owner was aware of the issue at the pool but took no action to put up warning signs or fix the problem
- The property owner was not aware of any issues or hazards at the pool, but reasonably should have been if he were a more attentive and involved landlord
These points can be hard to prove if you have not had any legal experience. You also must be able to show that you were rightfully on the property. Tenants are entitled to livable conditions that are free from harm, but other people are entitled to protection as well. Invitees are those who are paying customers or who have a mutual benefit to being on the property, while licensees are social guests. Most licensees are guests of tenants and are also afforded that duty of care.
Trespassers, on the other hand, are those with little rights and who have no legal reason to be on the property. However, they still must be protected in some manner; you cannot lay traps for them, for example, and if they fall in the pool because of a trap, the family could sue if the individual drowns.
To ensure that your case is successful, reach out to a lawyer with experience in apartment drowning
How can I file an apartment drowning claim?
In order to file a lawsuit against a landlord or apartment complex because of a drowning, you must have adequate evidence and proof of negligence. This proof should contain the following:
- Pictures of the pool and any hazards that are present
- Surveillance footage or security footage of the incident
- Testimonies from any eyewitnesses or statements from people who could attest to the hazard being present and not being fixed
- Medical receipts if your loved one was taken to the hospital, or notes from EMTs and medical personnel
- A copy of your lease agreement
Upon compiling your evidence, you should reach out to an attorney who can handle the apartment drowning claim. It will benefit you greatly if you allow your case to be litigated by someone who is an expert in the realm.
How much time do I have to file a lawsuit for a drowning in an apartment complex?
You should be aware that the statute of limitations for drowning claims, or more specifically, personal injury claims, is 2 years from the date of the injury. This allows the lawsuit to be filed in an efficient manner of time and to not be kept aside waiting for an opportune moment.
There are some exceptions to the statute of limitations, though. These exceptions allow the time limit to be increased past the 2 year limit. They include:
- Age of the plaintiff: If a guardian or parent dies and the only member of the family able to sue is an underage individual, the individual can wait until he turns 18 years old to sue. Minors cannot legally take action, so the statute will not kick in until his 18th birthday.
- Status of the plaintiff: Some incidents may have affected numerous people. If the surviving individual with the right to sue was also harmed in the incident and was left physically disabled or mentally incapacitated afterward, the statute would be suspended until he returns to normalcy.
- Location of the defendant: In order to file a lawsuit, the defendant must be present in the state. If the defendant is outside of the state, the time limit will be suspended until he returns.
What is the value of my apartment pool drowning lawsuit?
The value of an apartment pool drowning lawsuit
will be determined by the insurance agent handling the claim. The agent will look over how much of the incident was the fault of the drowned person, the impact the incident had, and much more. Some claims may yield over $1,000,000 in certain circumstances. Our attorneys will negotiate a fair deal for you and we will not stop until we are satisfied with the result.
Our goal is to bring you full coverage for the incident. if a loved one died because of a drowning accident at an apartment
, we will pursue appropriate damages to cover the death. We will ensure that the rent is covered and that there are no outstanding bills leftover. We will pursue fees to cover the funeral and burial, and we will get pre-death medical bills and pain and suffering damages if possible. Further, we will seek out loss of expected savings and inheritance and loss of relations and consortium.
In some cases, you could earn punitive damages for the incident. Punitive damages are handed out in times of gross negligence and are notoriously difficult to acquire. They are generally viewed as harsh or excessive, so only a lawyer with ample experience in apartment pool drowning claims
will be able to win them for you.
If you do not have an attorney, it is highly recommended that you reach out to our firm. You may not have any legal experience, and trying to get the compensation you deserve will be hard. Your best chance of success is with a skilled lawyer who can handle your case for you while you deal with the aftermath of the drowning incident and work through your grief with your family.
Choosing Our Law Firm
The Downtown LA Law Group
is highly rated as one of the best firms for apartment drowning incidents. We have the most experienced lawyers in the business with decades of combined experience between them, and our firm has brought back hundreds of millions of dollars of compensation for our clients. We know the most effective ways to win your claim, and our lawyers are aggressive and will relentlessly pursue your deserved restitution.
Call us at (888) 649-7166
for a free legal consultation to talk about your claim and learn more about the legal process. We will answer your questions and tell you how much we believe your case is worth. If you already have an attorney and want a free second opinion, we can offer you one as well.
By hiring us, you will receive our zero fee guarantee. This says that you won’t have to pay a dime yourself for our services. If we win, our payment will come from the settlement we bring you. If we lose, we take nothing, and we eat the costs of the case ourselves.
For the most successful apartment drowning lawsuit attorney
in Los Angeles, contact the Downtown LA Law Group