Pools can be the epitome of fun, but they can also be very dangerous. Too many individuals will go in pools when they do not know how to swim, which can lead to severe accidents. Additionally, some establishments ay not populate the pools with ample lifeguards
or will not take care to protect people who are at the pools. It is possible that any number and type of people can drown in a pool accident
, but children are generally more commonly the victims. If a loved one or family member drowned in a pool accident, you could potentially take legal action against the responsible party. Our law firm, the Downtown LA Law Group
, has years of experience in the area, and our empathetic lawyers will be glad to help you win the compensation you need to move forward.
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 Accidents
No 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
You should seek out the assistance of an attorney to determine the level of negligence of the property owner. You will also need to establish what kind of individual you were on the property. There are three potential classes. They are as follows:
- 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
Invitees are given the highest level of care and must be properly protected at all costs. Licensees should know the risks involved with some pools, while trespassers have no way of knowing what is and is not dangerous. You cannot set traps for trespassers, though, or take other preventative measures.
– 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 Injuries
Do 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
You should get the contact information and insurance details of the business or property owner so you can file a claim with the correct insurance company.
Once you have all of this information together, you can submit the evidence package to the Downtown LA LAW Group. Our team of expert drowning accident lawyers will be able to dissect your case and win you every penny you deserve.
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 at (888) 649-7166
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
If your loved one died in the incident, then we will pursue wrongful death damages. These expenses can include coverage for the funeral and burial, other medical bills or pain and suffering damages, loss of consortium and relations, loss of expected savings and inheritance, and much more.
California Swimming Pool Injury and Death Lawsuits
We can also pursue punitive damages, which are handed out in times of gross negligence or when the negligent party deliberately tried to harm the other. These damages are difficult to win, though, because they are viewed as excessive or severe, and only a skilled attorney will be able to secure them for your case.
The Best Firm in Town
The Downtown LA Law Group
has a long history of securing compensation for families of drowning victims. We have recovered hundreds of millions of dollars for our clients and we always pursue the maximum settlement available for your claim. If we need to go to court to win your case and defend your rights in front of a judge, we are more than prepared to do so. Our drowning accident lawyers are renowned as the best in town.
Reach out to our firm today at (888) 649-7166
for a free legal consultation. We will discuss your case with you and what it might be worth, and you can ask us questions and more about the legal process. We will help you understand our zero fee guarantee as well, which says that you won’t have to spend any money on the case – we will cover the costs from start to finish. If we win, the insurance agency will cover our fees as part of the settlement agreement. If we lose, we do not get paid, and you won’t owe us any money.
If a loved one died in a drowning incident at a pool, contact the Downtown LA Law Group
immediately. We can provide you with an expert drowning accident attorney in Los Angeles.