Pools are big responsibilities, and private owners should be sure to properly maintain them so that any guests who come over are not placed in danger. Similarly, pools owned by companies should be maintained by the workers and have no dangers present. Unfortunately, pools are often left in various states of disarray and are not given the best treatment by those who are supposed to be taking care of them. If you wish to file a claim because of injuries suffered at a pool due to negligent maintenance, you can reach out to our law firm, the Downtown LA Law Group, for more assistance.
What are examples of negligent pool maintenance?
Pools must be properly maintained in numerous ways by those who care for them. At facilities, hotels, gyms, and other such locations, there are workers who care for the pools. These workers must make sure that everything is in working order. Examples of accidents that can happen due to a lack of maintenance include the following:
- Broken diving boards, which should be routinely checked and examined to see if screws are loose or if the boards are starting to show signs of wear and flimsiness
- Broken stairs, which often lead into shallower areas of the pool and are necessary for those who have limited mobility; a broken stair can cause someone to fall when entering or exiting
- Defective ladders, which are similar to the stairs and are used to climb in and out of the pool; a defective ladder can break or become unaffixed to the wall, which can be dangerous mid-climb
- Chemical issues, such as too much chlorine or other cleaners present in the water; those maintaining the pool should be sure that there are no excessive chemicals that can cause reactions
- Filth and contamination, which can lead to illness; the party responsible for the pool should not let the pool reach a degree of filth, or it can result in numerous types of sicknesses that may spread
- Lack of signs, which should be present all around the pool and warn of no running and the depths of water to prevent people from diving into shallow ends
- Poolside accidents, which happen because of slippery floors, tossed-aside furniture or debris, raised floors and tiles, cracks, potholes, and much more; these hazards can lead to falls, and in the worst cases, drowning
If you were hurt in an accident at a pool that could have been fixed with proper maintenance, be sure to contact our law firm today. We will do everything possible to secure you the compensation you deserve.
How can I sue for negligent pool maintenance?
Filing a lawsuit to pursue damages suffered from negligent pool maintenance requires that you show that the responsible party was, in fact, negligent. Negligence is the basis of personal injury claims and requires four points to be proven to be an effective claim. These four points are as follows:
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More specifically, you will likely file a premises liability claim, which deals with accidents that happen on private or public property. There are three possible scenarios that can cause a premises liability claim to be filed, which are:
- The property owner knew about the hazard at the pool or the failure to maintain it and did nothing to fix it
- The property owner caused the hazard by not maintaining the pool
- The property owner was unaware of any problems but reasonably should have known if he had been more attentive
It can be difficult for you to prove any of these points if you have never taken legal action. You should seek assistance wherever possible. Your claim will be a success if you have ample evidence showing how the negligent pool maintenance caused your injuries, though. Your evidence should consist of the following:
- Proof of medical treatment, such as hospital receipts and doctor’s notes
- Eyewitness statements detailing the incident or the lack of maintenance
- Testimonies from workers who were instructed to not maintain the pool
- Photos of your injuries
- Pictures of the hazard present or the scene of the incident
- Video recordings and surveillance or security footage of the accident, if available
- Contact information of the responsible party
- Copy of an incident report filed with the business if it were a private company
Once you have gathered all of this evidence, you should reach out to a skilled lawyer with experience in negligent pool maintenance accident lawsuits. We will gladly handle your case from start to finish and will see to it that your proof is properly organized and submitted to the insurance agency. Our goal is to bring you every penny you deserve and fight for your rights.
What kind of compensation can I win from a pool accident lawsuit based on negligent maintenance?
Individuals who have been harmed in pool accidents can receive various forms of compensation from the responsible party. You should not have to worry about whether or not a pool was properly maintained – you should be able to use it without injury or risk of damage. Having to pay extra attention to various issues is a huge problem. The party who was negligent can be made to pay off the following debts and expenses:
- Medical expenses from the past and future for surgery, hospitalization, medication, physical rehabilitation, and more
- Property damage for lost or broken items
- Lost income from time spent away from work from both the past and future
- Pain and suffering damages for emotional trauma, anxiety, PTSD, fear, psychological distress, and more
In some cases, you can win wrongful death damages if a loved one or family member died in a pool accident due to the negligent maintenance. We will see to it that you receive funeral and burial expenses, pre-death medical bills, pre-death pain and suffering damages, loss of income and inheritance, loss of relations and consortium, and much more. Our goal is to bring you the maximum settlement amount available for your case. We will not stop pursuing what you deserve until we are satisfied with the result. It can be hard to win the highest settlement possible if you have no prior legal experience, which is why we recommend reaching out to an attorney to help you with your case.
What is the statute of limitations for a negligent pool accident lawsuit?
In California, you have 2 years from the date of the injury to file a claim to pursue compensation for damages from a pool accident. The discovery of the injury is important: if you were in an accident but didn’t notice the damage until two weeks later, the later date will be the initial point from which the statute of limitations counts down. The time limit allows both parties the opportunity to get their roper evidence in order and to not let proof go bad or corrupt. If the lawsuit is not filed within the deadline, the claim will be thrown away.
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It is possible for your statute of limitations to be extended in some scenarios. This is most common when you were underage at the time of the incident; those under the age of 18 years old can wait until they turn legal age to file a claim, as minors cannot take legal action. You also may have been left incapacitated, in a coma, or suffering from an emotional break; the statute would be postponed until you return to health or awareness. Additionally, the defendant must be in the state if you are attempting to sue him. If he has left California, the statute of limitations will not count down until he returns. Many individuals fail to file claims because they do not know how much time is left on their statutes or that they even have deadlines in the first place. If you call our firm, we will make sure that your documents are submitted to the agency on time and that no important dates are missed or ignored.
Our Firm and You
The Downtown LA Law Group is one of the premier law groups in the city of Los Angeles. We have a history of success with pool accident claims and we know the best methods to win your lawsuit. Our aggressive lawyers will always do whatever is necessary to win you the damages you need and we will go to court if we must. Call us at (855) 339-8879 today for a free legal consultation to talk about your case, its value, and what the legal process will consist of. We will give you our zero fee guarantee if you choose to hire us to represent you, which promises that you won’t pay a single dime out of pocket for our expenses. We will only get paid if we win and if we lose, we take no money at all. Contact the Downtown LA Law Group today to sue for damages suffered from negligent pool maintenance.