Pools are present in both homes and in public places. They can be above-ground pools that have a ladder and may be more likely to break, or they can be in-ground pools in hotels, homes, and more. Public pools are generally in-ground and are located in county facilities that are open to the public for some hours per day. They are manned by lifeguards and may have different sections for varying age groups and swimming skills. Individuals who go to public pools should take care to not get injured, as the results can be quite severe. To make matters worse, if you try to sue for injuries
, your claim may be denied with no explanation. Insurance companies, especially those covering government entities, are notoriously fickle and are not likely to pay out claims without extensive negotiation from an attorney. Our pool accident lawyers
at the Downtown LA Law Group
can file your pool injury lawsuit for you so that you can earn the compensation you deserve.
Types of Accidents in Public Pools
Public pool facilities may contain a number of pools inside them, such as wave pools, kiddie pools, Olympic pools
, and more. These are often monitored by numerous lifeguards and maintained by the staff. The pools should be adequately cleaned each day after the usage periods, and the surrounding areas should be inspected t ensure there are no potential hazards or defects present that can contribute to injuries.
A few of the accidents that can happen at public pools include:
- Diving accidents: Diving accidents can happen with or without diving boards. When an individual uses a diving board, he may be a few inches away from the surface from the pool or over ten feet in the air. The diving boards must be properly affixed and have enough spring to allow for ample elevation from a jump. Some diving boards are not well-kept, though, and end up breaking or cracking during use. Additionally, individuals may simply dive into the pool from the edge, which can be dangerous in shallow ends. Some pools do not mark the shallow ends’ depths, and if someone dives headfirst, he can suffer serious injuries.
- Chemicals in the water: Pool cleaning supplies often contain chlorine and other chemicals, but some cleaning workers may pour bleach in the water, which can cause serious injuries. Other individuals may suffer severe skin reactions or allergic reactions to other cleaning supplies.
- Defective products: The pools often have products inside or around them that can break and cause hazards, such as drain covers with sharp edges, ladders with broken steps, steps with rounded edges, broken floatation devices, slides with cracks or sharp parts, and more. The pool should always have fully-working products in it, and as soon as a defect is encountered, it should be removed and fixed.
- Slippery floors: The floors next to the pool are almost always wet from splashing and from people exiting the water. These floors must thus be able to withstand the large amount of water and not present dangers. Many of the floors are concrete or a similar substance that allows easier grip and fewer chances for falls. However, when people run nearby or hurry, they may easily slip on the wet ground.
- Lack of supervision: Lifeguards must be present at pools, but there are times when shifts get confused or when someone does not show up. Other times, lifeguards simply don’t pay close enough attention to everyone in the water. The lack of supervision can lead to drowning.
- Electrical defects: Some of the cleaning functions of pools, as well as the pumps and drain systems, may be electrically powered. A short can be lethal, as water conducts electricity. The injuries can be lethal if an electrical malfunction occurs while individuals are present in the pool.
In addition to these incidents, there have been cases where pool staff have not properly cleaned, leading to infections and illnesses from bacteria. It is imperative that you go to a public pol that is extremely clean and well cared for or you risk suffering injuries and accidents like those listed above.
If you have been hurt in any kind of public pool accident, you should take legal action. The injuries you underwent can lead to ample restitution from the insurance company. We can help you star your claim today.
Learn more about your legal options (855) 339-8879 with a representative now.
Injuries from a Public Pool Accident
The injuries that are possible from a public pool accident can cause you permanent or long-lasting damages, or they can heal up within a few days. You may suffer the following:
- Closed head injuries
- Brain damage
- Traumatic brain injuries
- Internal organ damage
- Skin damage
- Knee and hip injuries
- Disc injuries
- Neck and spinal cord injuries
- Broken bones
It is extremely important that you get the legal assistance you need if you were injured at a public pool. We can take your case for you.
Liability of Public Pool Facilities
Public pools are liable for the safety of their guests. The facility should employ ample lifeguards and take care to ensure that all the areas of the pool are not hazardous. There should be ample warning signs and listings of the depth of the pool and any floors that may be dangerous. If an injury happens because of the facility’s negligence, you could take legal action.
In order to file a premises liability claim
against a public pool facility or county entity, you must establish one of the following three points:
- The property owner knew there was a hazard or issue but did not take any actions to fix it or provide warnings for it
- The property owner caused the hazard or defect in the first place
- The property owner was not aware of any hazards or problems but reasonably should have been if he had been attentive in his investigations and inspections
The majority of premises liability claims are filed with the third point in mind. Most property owners do not take enough care to look around the facilities often and thus miss glaring issues. This can be remedied by having more inspections done by different employees.
In order to determine the degree of care you were owed, you must establish whether you were an invitee, licensee, or trespasser. Invitees are essentially those on the grounds for a mutual benefit, while licensees are social guests. Trespassers have no legal right to be on the property and are not afforded the same amount of rights that the others are. The invitees are given the highest duty of care, with a bit less offered to licensees.
More pool drowning accidents take place in Southern California than any other region in the county. Swimming pool accidents and drowning are usually based on the legal principle of premises liability; in which the owner/operator of the swimming pool will be held liable for injuries in and around the pool. Pools can be separated between public (or community pools) and private swimming pools
including, hotel swimming pools, casino pool party incidents, school swimming pools, country clubs, fitness centers, health clubs, spas, and apartment building and condo swimming pools and private residence swimming pools. If you or a loved one has been injured in a swimming pool accident contact our offices to schedule a free consultation with a Swimming Pool Drowning Attorney.
You may be able to hold different parties accountable for injuries suffered at a public pool. If the lifeguard were negligent in his duties and did not help you, he may be liable. The manufacturer or products in the pool could be liable if they break and cause injuries. Above all else, though, you could sue the facility for not providing a safe environment for you.
Legal Action Against A Public Pool
If you wish to sue a public pool for injuries you suffered at the facility, you must have adequate evidence to d so. This evidence can include medical bills and notes, eyewitness accounts, pictures of your injuries, pictures of the scene of the incident and any defects, incident reports from the facility itself, and more. You should gather all of this evidence together and present it to a skilled lawyer who can organize it and write a demand letter to address to the facility’s insurance company.
You should be sure to act quickly, though, as the deadline to file a lawsuit for pool accidents is generally only 2 years from the date of the injury. However, if you intend to file a claim against a government entity, you only have 6 months from the date of the damage to sue. This time limit is a drastic reduction from an already-short deadline.
Some 80% of all pool accidents and drowning take place in private residences. Yearly more than five thousand children are victims of permanent injuries related to swimming pool accidents. These children required extensive medical treatment and suffer lifelong disabilities.
There are some ways for the deadline to be extended or for the statute to be temporarily lifted, though. These situations include accidents involving minors, as they can sue when they turn 18 years old; accidents resulting in physical or mental incapacitation, wherein the individuals can sue when they return to health or functionality; and incidents wherein the defendant leaves the state, which would cause the statute to be suspended until he returns.
Find out more about how we can help you. (855) 339-8879 with a representative now.
Swimming Pool Safety laws – California Pool Safety Regulations
The owner of property has a legal duty to use reasonable care to keep his property safe from dangerous conditions. A Home owner’s liability is usually covered by home owners insurance. California Swimming Pool liability laws
can be more complex if the property owners do not have homeowners insurance or is not the individual residing in the home.
Recently the States of California institutes the California Private and Public Swimming Pool Laws and Regulations and the Swimming pool safety act so as to increase the safety of swimming pools in the state. These laws also covered public spas, hot tubs, and Jacuzzis as well as private pools. For example land owners with exposes pools and hot tubs, whirlpools are required by California Law to the surrounding area and to place child proof gates blocking children from access to the facilities.
Defective Product Claims for Swimming Pool Accidents
In numerous cases serious swimming pool injuries
are caused by defects in Swimming Pool Pumps and Drainage Systems. Children are at most risk of suction entrapment, where a person in a swimming pool or a Jacuzzi is stuck to the pool drain and unable to release himself. Under these circumstances the bather is unable to swim away from the drainage system and drowns. Drainage entrapment incontinent account for dozens of injuries each year. A successful product liability case usually involves one of three causes of actions (1) Defect in the design of the product (2) Defect in the manufacturing process (3) Labeling Defect: Failure to Warn of all known dangers associated with the use of the product.
Earnings from a Pool Accident Lawsuit
If you wish to file a claim against a facility for injuries suffered at a public pool
, you should consider the value of your claim. The insurance agent handling your case will look at your injuries and see if the extent of them greatly affected your life and career, and he will also see how much of the accident can be attributed to your fault. This will affect the total value of your case. Our attorneys will work around the clock to negotiate a fair deal for you and will not stop until we are satisfied with the result. We will seek to win you coverage for the following:
- Past and future medical bills
- Past and future missed wages
- Property damage
- Pain and suffering for emotional anguish, PTSD, anxiety, fear, and more
- Wrongful death damages if a loved one died in the pool accident
Talk with our attorneys today to learn more about what you could potentially earn from your lawsuit.
Common causes of swimming pool drowning and poolside accidents are as follows:
- Improper security and safety staff at pool parties
- Improper maintenance of swimming pools
- Un-gated pools and Jacuzzis, hot tubs
- Negligent supervision of children
- Overcrowding of public and private pools
- Improper installation of diving boards
- Lack of safety warning signs and safety equipment
- Slippery surfaces around pools leading to slip and fall accidents.
California Swimming Pool Drowning Attorney
If you or a loved one has been a victim of a swimming pool drowning or accident you must first tend to your wounds and heal your injuries. Seeking vindication of your rights is our job
. At Downtown LA Law Group
our esteemed legal professionals
are skilled and knowledgeable in defending the rights of those who have suffered spinal cord injuries, neck/back injuries, broken bones or any other injuries in a swimming pool accident.
If you need legal representation we can help. We will take care of every legal detail and make sure you achieve the highest compensation possible for your loss; in the meantime, concentrate on the most important part of this process – your recovery
Statute of Limitations
: Remember that it is crucial to act quickly after you have been injured to report your claim before any limitations can lower or extinguish your right to recovery
Common Injuries That take Place In and Around a Swimming Pools
Drowning are the mot well known injuries that take place in and around swimming pools . However there are numerous other serious resulting from swimming pool accidents
. A detailed list of the most common injuries is provided below. If you have any further questions and would like to speak to an attorney regarding your injuries contact our Personal Injury Law Firm. (855)385-2529
Brain Damage – Traumatic Head Injury
: There are numerous ways a person can sustain a serious brain injury in or around a pool area including slip and fall accidents around the pool, near drowning and oxygen deprivation to the brain, falls from defective diving board or improperly installed swimming pool slides. Brain injuries can result in permanent physical and mental disabilities often requiring nursing care, and home support.
Spinal Cord Injuries
: Similar to Traumatic Brain injuries Spinal Cord Damage can result in permanent disabilities. All too often minor to moderate types of spinal cord damage goes undiagnosed. Some important signs and symptoms of spinal damage include (1) Numbness of the tongue (2) Sensation of tingling on the fingertips and hands and (3) General weakness of your muscles.
Drowning and Near Drowning
: On average nine individuals are killed by drowning in the United States. Young children between the ages of 1-12 are at the greatest risk of drowning in Public and Private Swimming Pools
. According to statistics drowning are the second leading cause of accident related deaths amongst children under the age of 15.
Other common types of injuries
Compensation for Injuries
- Electrocutions from defective or negligently maintained electrical wires for pool lights.
- Facial lacerations including severe cuts and bruises resulting permanent disfigurement
- Broken and Fractures bones including fractures wrists from slip and fall accidents
- Soft Tissue Injuries including Whiplash, Separated Shoulders, and Minor Cuts and Bruises.
: Victims of serious injures caused by the negligent or intentional acts of others have a right to compensation for their losses.
How We Help You
The Downtown LA Law Group
is one of the most experienced firms around. Our highly rated attorneys have years of experience handling lawsuits against public pools. We have recovered hundreds of millions of dollars for our clients, and we know the tactics to win better than anyone else. Our lawyers are aggressive towards the insurance company and empathetic toward our clients.
Call (855) 339-8879
today for a free legal consultation
to discuss your claim. You can ask us whatever you wish and learn more about the legal process. We will also tell you about our zero fee guarantee, which says we won’t get paid until and unless we win. We will not require you to spend any money on the case at all.
Let our public pool accident lawyers
at the DTLA Law Group litigate your claim