Learn more about your options for compensation by calling (213) 389-3765.Downtown L.A. Law Group is a personal injury law firm with many years of experience handling all sorts of claims – always doing everything to ensure that the parties interested in taking legal action have access to the appropriate legal representation. Our lawyers are ready to provide you with all the information that you need to pursue your claim. To discuss your claim with our attorneys, do not hesitate to seek legal assistance today.
The Harm Arising from Pool Drain Cover AccidentsPool drain cover incidents result in swimmers becoming entrapped under water. Without a doubt, this can result in drowning and have fatal consequences. However, even those who are lucky enough to survive could suffer complications. Some complications could include pneumonia, brain edema, hypothermia, and acute respiratory distress syndrome. These complications are associated with the near-drowning that could result from the incident. These complications could also become fatal. Regardless of the specific harm suffered related to a pool drain cover accident, it is essential that you explore the possibility of taking legal action against the party or entity liable for the harm that you suffered. If you would like to learn more about filing a claim after suffering any sort of harm, do not hesitate to contact our law firm today.
The Virginia Graeme Baker ActIn 2002, a horrible pool drain cover incident claimed the life of a young girl – Virginia Graeme Baker. The young girl was a great swimmer. She had been swimming since she was 3-years-old and was part of her community’s dive and swim team. She was only 7-years-old when she died. According to the details surrounding the death of Virginia Graeme Baker, the girl suddenly became stuck to a hot tub drain because of a defective drain cover. She was unable to pull herself free from the suction of the drain; she was stuck underwater. Her mother noticed her struggling and attempted to pull her from the drain. Multiple others made efforts to pull her from the drain’s suction. Numerous attempts were unsuccessful before she was finally freed – by that time, the young girl had already drowned. It was later determined that 700lbs of suction were keeping the young girl underwater. This incident directly led to the implementation of certain regulations to ensure that similar incidents did not happen again. The Virginia Graeme Baker Act (a federal law) established that all public pools and spas must be equipped with anti-entrapment devices. The law also established that public pools and spas with single main drains must also be equipped with safety systems, which must include at least one of the following: safety vacuum release systems, gravity drainage system, suction-limiting vent system, automatic pump shut-off systems, or drain disablement. Other systems are also allowed as long as the basic requirements are met. Even with this and other pool safety laws in place, incidents continue to occur. The law can’t prevent any incidents from occurring due to the blatant negligence of the parties/entities involved.
The Right to File a Claim after a Pool Drain Cover AccidentDo you have the right to file a claim for the harm resulting from a pool drain cover accident? The answer to this question will always depend on the specific circumstances surrounding your claim. Specifically, if a party or entity could be found liable for the harm suffered. Liability is based on four elements – duty of care, breach of duty, cause, and harm. If harm results directly from a breached duty of care, the party that owed the duty of care could be found negligent and liable. The specific details surrounding duties of care (and breached duties of care) depend on the party or entity that is facing potential liability. Consider the following points:
- Public entities that own public pools have a duty of care to ensure that their public pools remain safe for public use.
- Private entities and parties that own private pools or spas have a duty of care to ensure that their pools and spas remain safe to be used by guests.
- Companies that manufacture pool drain covers have a duty of care towards all consumers; they must ensure that all their products are free of any hazards or defects that could put consumers at risk.
- Companies that install pool drain covers have a duty of care to ensure that all their work is adherent to installation instructions and that they install all products properly.
Learn more about your legal options by chatting with a representative now.
You Could Recover CompensationDepending on the details surrounding your claim, you might have grounds to fight for your right to recover monetary compensation for the harm that you or a member of your family suffered due to a pool drain cover incident. Some claims could result in the recovery of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
For more information about the type and amount of compensation that you might be eligible to recover if your claim reaches a successful outcome, discuss your claim with our experts. Although we are aware that the recovery of compensation cannot reverse the harm suffered, we understand that recovering compensation can help you can the rest of your family move forward from such a traumatic experience. Because of that, it is essential that you discuss your claim with an attorney to learn more about the compensation that you could potentially recover. Our lawyers will aggressively fight for your right to recover the highest amount of compensation available for your pool drain cover accident claim. Contact us today.
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