How do drowning accidents occur?Drowning can happen in many locations. In private homes, children and toddlers can drown in personal swimming pools or bathtubs. The very same children can wander off while on vacation at a hotel or resort and wind up rowing in the pool that way. YMCA locations, swimming facilities, gyms, and more can also have pools in them, but these locations should all have lifeguards prepared to jump in to save those who are in danger of drowning. The facilities may not always employ lifeguards, though, and they may not take care to keep the tiles around the pool safe. They may not have any fences up or locks on the door to prevent people from going in after hours. They may not properly close the pool area or put any protective tarps on to avoid people slipping and falling into the pool. In all, a facility has a high level of care that it should exert to ensure that people do not mistakenly drown in the pool, and if the property owner does not do all he can to prevent it, he can be held accountable for the ensuing consequences. If a drowning happens at a hotel, you could potentially take action against the hotel for having broken ladders, defective stairs, a broken diving board, and more. Private pools could also have poor lighting, slippery floors, and blind spots.
Personal Injury Lawsuits for Drowning and Pool AccidentsNo matter what the reason for the incident, you should take appropriate legal action against the responsible party if a family member or loved one drowning while swimming. Our drowning accident attorneys in Los Angeles will be able to assist you with your claim.
How can I sue for negligence from a drowning accident?If you wish to sue an entity for negligent action leading to the drowning of a loved one, you must be aware of the laws surrounding premises liability. In order to file a premises liability claim, you must establish at least one of the following points:
- The property owner caused the hazard on the property
- The property owner was aware of the hazard but chose not to fix it or put up any warning signs
- The property owner was unaware of the hazard but reasonably should have been, as any attentive pool owner would be
- Invitees, or individuals who are paying customers and are present on the property for a mutual benefit
- Licensees, or social guests and acquaintances who are over for a visit
- Trespassers, or those who have no legal right to be present on the property at all
– Private pool accidents – Hotel Liability Swimming Pool Accidental Drowning – Drowning and Pool Accidents – Swimming Pool Drowning Lawyer – Virginia Graeme Baker Pool & Spa Safety Act – Hotel Liability for Accidents and InjuriesDo not hesitate to reach out to our firm for more help filing a claim if your loved one drowned in a pool accident.
What should I do if a loved one suffers a drowning accident?In the event that a loved one drowns in a pool, you should take care to get as much evidence as you can of the incident. You will need sufficient proof if you want to take legal action against the facility. Evidence can include:
- Photos of the scene of the incident and of any defects present with the pool
- Pictures of the injuries your loved one suffered prior to the drowning
- Security footage showing the incident
- Proof that you were staying at a resort or that you had legal permission to swim at the facility
- Statements and testimonies from any bystanders who saw the drowning occur
- A copy of the police report if the police showed up to investigate
- Receipts if you paid for a service at the pool
How much time do I have to file a claim for a drowning accident?If you wish to file a lawsuit for a drowning accident in California, you only have 2 years from the date of the drowning to do so. If you fail to pursue any compensation in this time period, you will be unable to get it in the future, and your claim will be thrown out. It is important that you follow the proper time period and you do not run the risk of potentially missing the deadline. Many claims have been missed because victims’ families forgot about the statute of limitations. There are a few ways in which the statute of limitations can be extended. Often, minors choose to wait until they are 18 years old before they adhere to the 2 year deadline, which gives them ample time to acquire evidence. Also, if you were left mentally or physically incapacitated after the incident, you could wait until you return to functioning health before you sue. Further, the defendant must be present in the state if you want to sue him. If he leaves the state, then the statute of limitations will be put on hold until he returns. Do not wait too long to take appropriate legal action. Call our drowning accident attorneys in Los Angeles today.
What can I win in a lawsuit if a loved one drowned in a pool?You could potentially receive a large settlement if a loved one or family member drowned in a pool accident. We will pursue all of the necessary damages for you. The drowning may result in an extended say at the hospital, which could cause a lot of the bills to rise. We will seek compensation for:
- Medical bills
- Lost wages
- Any lost items
- Pain and suffering damages for emotional trauma, anxiety, fear, PTSD, and more