Pool Chemical Accident Lawsuit
Pool accidents usually consist of some kind of slip and fall or injury sustained in the water. Diving accidents are also not uncommon. However, pools must be appropriately maintained and cared for, and if the pools are operated in public places or private businesses, they should be safe for all swimmers. Unfortunately, not every location has the same degree of care for the pools, and some are more likely to dump entirely too many chemicals in the water in an attempt to clean it, or they may use the wrong chemicals altogether. These pool chemical accidents can cause severe injuries to swimmers and should be taken very seriously. If you have been hurt in a pool chemical accident, you should take appropriate legal action. Our law firm, the Downtown LA Law Group, can ensure that you receive the maximum settlement under the law.
Pool Chemical Accident Information
Pools must be properly cleaned to prevent scum, waste, and bacteria from building up. There are usually numerous filters present to cleanse the water as it flows through the pool and back, but there are also methods of cleaning the water that involve chemicals. Chlorine is the most common chemical used, but many others are utilized as well – some erroneously, such as bleach.
Public pools, private pool facilities, personal pools, and spas may all make these mistakes. Workers may dump too much of the chemical in the pool or may add multiple chemicals that have adverse or caustic reactions with one another. They may also add chemicals that can only be used when there are no swimmers in the water. There is also the chance that improperly stored chemicals or chemicals that are not filtered out can cause noxious fumes and toxic gases, leading to various injuries.
Some of the injuries that can arise in pool chemical accidents include:
- Eye injuries and loss of vision
- Skin damage and irritation
- Chemical burns and rashes
- Respiratory problems and lung damage
- Stomach issues and esophagus and throat damage if the water or chemical is mistakenly swallowed
- Bacterial infections and parasitic diseases
- Neurological impairment and mental issues
The extent of these issues can be severe and even long lasting. Chemical damage may not be reversible, and the internal burns and damage can completely alter the course of a life. It is important that you pursue appropriate compensation if you or your child is injured due to a pool chemical accident.
Slip and fall Accident
How to Sue for a Pool Chemical Accident Injury
Pools must be properly maintained; if they are not, and swimmers are injured, there is a degree of negligence present. Premises liability can be cited if the property owner knew there was a hazard present yet did nothing to fix it or warn others about it, caused the hazard in the first place, or was not aware of the hazard but reasonably should have been. The operators at a pool owe the swimmers a duty of care, and the violation of that duty of care can result in an accident and injuries. These are the basic tenets of premises liability and personal injury law. Therefore, if a pool operator poured some kind of chemical in the water and you were injured because of it, you can likely sue the party responsible, whether a private entity or a business.
We recommend following these guidelines if you wish to file a lawsuit:
First, go to the hospital to get medical treatment. If you do not get treatment, you run the risk of worsening your health and becoming more injured. You also may not be taken seriously if there is a large gap between the injury and the treatment. While at the hospital or at the doctor’s office, you should also request copies of the notes, visit details, medication, receipts, and more.
You should take pictures of the injuries you suffered, as well as pictures of the scene of the incident. If possible, you should get security footage showing the chemicals that were dumped into the water. This may be very difficult to acquire, though, as most business will wipe this footage or stow it away to prevent it incriminating them or their employees.
If there were any eyewitnesses who saw the incident occur, you can ask them for their statements and testimonies. This will benefit your claim, as multiple supporting perspectives will show that there was something amiss. You also may ask other victims and swimmers if they wish to join the claim and enact a class action lawsuit. This would include heaps of evidence submitted by all the plaintiffs and could have a higher chance of success than a single claim.
If you entered a private pool, be sure to produce copies of your membership details or payment to the facility. This will show that you were a rightful guest or patron and that you were legally on the property.
It will be necessary for you to collect the contact information, insurance details, and business details of the pool owner. You should also file an incident report with the manager or supervisor.
Upon gathering this evidence, contact an expert pool chemical accident lawyer who can handle your case. You might not have any experience filing claims of any kind, let alone pool accident claims, and if you do not know how to proceed, your lawsuit will not get very far. Our attorneys can handle your claim for you while you focus on recovering or returning to your daily life. You should not risk losing – contact a lawyer for more assistance.
Compensation from a Pool Chemical Accident
If you were injured due to chemicals present in a poo, you could receive ample compensation for your damages. We will ensure that you are given the maximum settlement available under the law. You shouldn’t have to pay off hospital debts and other expenses because you were hurt if you were a victim – the responsible party or company should be held accountable. The value of your case will be determined by the insurance agent handling it; he will look at various factors, such as your responsibility and the severity of your damage, and he will make an offer. If the offer is not adequate, we will further negotiate until we are satisfied with the result.
Our lawyers will strive to win you the following damages:
- Medical expenses, including surgery, hospitalization, physical therapy, medication, and future medical treatments
- Lost wages if you could not return to work due to future medical procedures, recovery time, and more, which could include reimbursement of pay, commissions, tips, bonuses, and other income
- Property damage if any personal items were lost or broken in the incident
- Pain and suffering damages if you were afflicted with mental stress, emotional anguish, PTSD, anxiety, fear, and more
Without proper representation, you may not get the full worth of your claim. Let our lawyers assist you so you can walk away from the pool chemical accident with every penny you deserve.
Deadline to File a Pool Chemical Accident Lawsuit
California has a 2-year statute of limitations on personal injury claims, which means that you cannot pursue compensation if you do not file a lawsuit within the time limit. The statute of limitations is in place to ensure that you act within an appropriate amount of time and so that both parties can gather evidence without unfair time qualities, such as a defunct business or a rushed statute. The faster you gather evidence, the more likely it is that it will remain intact and not get corrupted or lost.
There are a few methods in which the statute of limitations can be extended. Your case can qualify if you were underage at the time of the incident (the statute would begin when you turn 18 years old) or if you were left incapacitated or mentally unstable afterward (the statute would not start until you return to health). There is also the opportunity for the statute to be suspended if the defendant has left the state for a period of time; it will not start until he returns and is present.
You should also be aware that lawsuits filed against public entities, such as a public pool, have a decreased statute of limitations – you must sue within 6 months or you will not be able to receive restitution.
Many cases are simply ignored because victims do not know the statute of limitations exists or because they do not know how much time remains on their claims. If you come to our law firm, we will ensure that your lawsuit is filed in the appropriate amount of time. We do not miss deadlines, and we will not risk your case being lost because of time.
Attorneys to Fight for You
The Downtown LA Law Group has a team of experienced Los Angeles pool chemical accident lawyers who can fight for your case and ensure that you are given every penny you deserve. We are aggressive and stop at nothing to secure you ample compensation. If we have to go to court to win your claim, we are willing to do so.
For a free legal consultation, call our lawyers today. We’ll walk you through the legal process and answer all of your questions. We will also give you more information about our zero fee guarantee, which says that you won’t pay us a dime of your own money throughout the case. We will get our expenses paid only if we win, and the settlement will contain our legal fees. If we lose, we take nothing and eat the expenses we spent.
To file a pool chemical accident claim, contact the Downtown LA Law Group at once.