Drowning and Drowning InjuriesWithout 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
Learn more about your options for compensation by calling (213) 389-3765.
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.
– Private pool accidents – Hotel Liability Swimming Pool Accidental Drowning – Swimming Pool Drowning Lawyer – Virginia Graeme Baker Pool & Spa Safety Act – Hotel drowning accidents – Hotel Liability for Accidents and InjuriesWhen 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 CompensationIf 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