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Defective Pool Fences and Pool Gates


According to information available from the Consumer Product Safety Commission, every year, more than 280 kids under the age of 5 drown in pools. Approximately 87% of all child drowning cases occur in residential pools – which should be surrounded by a fence and secured by a gate. In California, drowning represents the second-leading cause of death for children between the ages of 1 and 4. Within the period between 2010 and 2014, California saw more than 740 child hospitalizations for near-fatal injuries related to drowning and at least 160 drowning deaths. Defective Pool Fences and Pool GatesEven though there are a number of laws that are designed to lessen the number of pool-related incidents, these incidents continue to happen. The law requires pools to be surrounded by fences and made accessible only through an access gates that are self-closing and self-latching. However, many of these fences and gates fail to prevent children from gaining access to pool because they are defective. Private pools, in specific, are supposed to be surrounded by a fence and must have a self-closing/latching gate. Whether you and your child are around your own pool in your home or the pool in a family-friend’s home, a fenced-off pool with a secure gate might give you a certain peace of mind. However, pool fences and gates can be defective and fail to keep unsupervised children out of pools. If your child suffered drowning injuries or a fatal drowning, it is important that you seek legal assistance with the experts at our law firm as soon as possible. If the harm that your child suffered was a direct result of a defective pool fence or gate, you might have grounds to pursue a product liability claim against the company responsible for negligently making the defective product available to purchase. If you would like to discuss the possibility of filing a product liability claim with the experts at our law firm, do not hesitate to contact our firm immediately – our lawyers are ready to provide you with the guidance that you need to take legal action against the party or entity liable for the harm that you suffered.

Drowning and Drowning Injuries

Without a doubt, drowning can quickly be fatal. A drowning child who goes unnoticed for just a few minutes will quickly lose his or her life. However, even children you are pulled out of the water can suffer injuries related to drowning. Some of these injuries include the following:
  • Acute respiratory distress syndrome
  • Brain edema
  • Hypothermia
  • Pneumonia
Even if a child survives a drowning incident, he or she is likely to suffer from a variety of consequences related to the incident.

Learn more about your options for compensation by calling (888) 649-7166.

What is Product Liability?

Based on product liability, all companies have the duty to ensure that all their products, such as pool gates and pool fences, are safe to for their intended purpose. When there are flaws in the products, these companies are needlessly putting their consumers in danger. All companies have to subject their products to tests and inspections to identify any potential hazards. The hazards that are identified must be addressed before making the products available to consumers.
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When hazards are not identified, they are defective. Because companies have a duty to address defects before any consumers are harmed, the failure to do so will make them liable for any harm suffered. In other words, when innocent parties are harmed as a direct result of a defective product, the company will be liable for the harm suffered – and will likely face a lawsuit.

You Can Sue and Recover Compensation

You Can Sue and Recover Compensation If the harm that your child suffered resulted from a defective product – such as a defective pool fence or pool gate – it is likely that you could sue and fight for the right to recover compensation. What type of compensation could you receive? How much could you recover? The answer to this question depends on the details of your claim. You and your family could be compensation for some of the following: medical costs, lost income, mental and emotional distress, funeral and burial expenses, loss of consortium, and punitive damages, for example. Regardless of the details of your claim, you can trust that our lawyers will always do everything within their reach to ensure that you are rightfully compensated for all the harm suffered. Whether we have to aggressively negotiate or take your claim to trial, you can ensure that our lawyers will not rest until you recover the compensation that you deserve.

How Long Do You Have to Sue?

If you are interested in pursuing a claim, it is essential that you are aware of the statute of limitations that applies to your claim. All claims are subject to statutes of limitations. A statute of limitations determines the specific length of time that affected parties have to file their claims. When claimants fail to file their claims on time, they will lose their right to sue. How long do you have to file a claim if your child suffered injuries due to a defective pool fence or pool gate? In California, the statute of limitations that generally applies to product liability cases is two years. However, exceptions apply. If the child lost his or her life due to the defective product, parents could pursue a claim up to two years after the death of the child. If the child survives his or her drowning injuries, claimants will have up to two years after the child turns 18 to pursue a claim. Other exceptions could also affect the applicable statute of limitations. To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, it is essential that you seek legal assistance to learn more about the specific statute of limitations that applies to your claim. If you fail to understand the deadline that applies to your claim, you could lose your right to sue – and your right to receive compensation.

What Should You Do?

What should you do if your child was harmed as a direct result of a defective pool fence or gate? Consider the following points:
  • Take photos of the defective pool gate or fence
  • Take photos of any physical injuries suffered (although drowning is not associated with visible physical harm, a blue tone around the victim’s mouth or fingernails can be associated with drowning).
  • Report the incident (to the owner or manager of the pool)
  • Report the incident, the defect, and the harm your child suffered to the manufacturer of the defective pool fence or gate
  • Do not tamper with the defective product in any way
  • Do not try to repair the defective product yourself
  • Do not agree to a refund or a free repair
  • Seek medical attention (for drowning injuries or to confirm cause of death)
  • Gather all records associated with the harm suffered
  • Gather all records associated with the purchase/installation of the defective products
  • Gather witness information
  • Seek legal assistance immediately
If you are unsure of what you should do immediately after such a devastating incident, simply seek legal assistance with the experts at our firm. Our lawyers will guide you through every step of the way.

Contact Our Law Firm Today

Did you child suffer any sort of harm as the direct result of a defective pool fence or pool gate? If so, you might have grounds to pursue a claim. For more information about your right to file a claim for the harm that your child suffered in association with drowning, do not hesitate to contact the experts at Downtown L.A. Law Group. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling a variety of claims – our lawyers are always focused on ensuring that the parties affected by different types of incidents and harm have access to the information that they need. Our product liability attorneys are ready to represent you and help you recover the compensation that you deserve.

Complete a Free Case Evaluation form or call (888) 649-7166 today.

When you contact the experts at Downtown L.A. Law Group, you will find that our lawyers are dedicated to providing you with all the information that you need to pursue your claim – whether you want to start or begin your claim against the liable parties. Specifically, we offer free consultations and free second opinions. During these free legal services, our lawyers will be available to answer your questions and address all your concerns – doing everything within their reach to ensure that you have access to all the information that you need to file or redirect your claim. If you would like to benefit from our free legal services, do not hesitate to contact our law firm as soon as possible. By providing free legal services, we are ensuring that all affected parties have access to all the information that they need, regardless of their financial difficulties. Unfortunately, too many people simply never seek legal assistance because they are afraid of the legal costs associated with speaking to a lawyer. Our free legal services, however, are available as part of our Zero-Fee guarantee – a guarantee that our clients will never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also based on contingency; therefore, our clients will not have to pay anything until after they reach a successful claim outcome. If you are ready to discuss your claim with our lawyers, contact us today.

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