Swimming Pool Accident Lawyer

When you patronize a public or private swimming pool you expect that the property will be free of hazards that could cause you harm. Managers or owners of swimming pools have a responsibility to maintain their property so that it is safe for customers and visitors. If a property is unsafe, defective, or dangerous and someone is injured, a property owner can be liable for damages under the theory of premises liability. An experienced swimming pool accident lawyer will help you determine if injuries you sustain on commercial or public property might entitle you to compensation.

If you or someone you know has been injured in a swimming pool accident, our team can help you get the highest compensation. In the following sections, you’ll find answers to common questions about swimming pool accidents that may help you get a better understanding of your rights and options.

Do I need to hire a swimming pool accident lawyer?

The job of the insurance company is to pay out as little as possible and close the claim as quickly as possible. If you choose to go up against a property owner’s insurance company alone, you will likely lose out on the compensation you deserve. If you’ve suffered serious injuries that have affected your quality of life, your ability to work, or resulted in the death of a close family member, you deserve to get justice.

When you need a swimming pool accident lawyer on your side, contact Ariel Law Group. We offer free consultations to help you better understand your options and answer questions you may have. 

What are the most common causes of swimming pool accidents?

Swimming pool accidents can be caused by a variety of factors that would be too long to list, but these are some of the most common causes.

  • Lack of swimming ability
  • Lack of protective barriers of fencing to prevent adults and children from falling into the pool
  • Lack of supervision for children near the pool
  • Slipping and falling on wet areas around the pool
  • Panicking while in the water, which is most common for untrained swimmers
  • Concussions, seizures, or heart attacks
  • Intoxication

What should I do after a swimming pool accident?

If you or a close family member are injured in a swimming pool accident, the first thing you should do is seek medical care as soon as possible. Once you’ve taken care of your injuries and health, you can do the following.

  • If the victim is unconscious and there is a lifeguard on duty, the lifeguard will be able to administer CPR. If there is no lifeguard on duty, find someone who is trained to administer CPR or call 911. Avoid administering CPR if you are untrained, as this could potentially cause further harm to the victim.
  • Get contact information such as names, phone numbers, and addresses from witnesses of the accident. If the accident took place at a public pool, we recommend requesting to file an incident report with management as soon as possible. Consider filing a police report if the accident resulted from negligence on the part of the owner/operator or in the case of wrongful death.
  • Take photos of the deck and pool area where the accident took place, as well as any equipment that may have contributed to the accident.
  • Document the victim’s injuries as soon as possible. Take photos of visible injuries and document any non-visible injuries or symptoms. Document the facts of the accident as soon as possible to avoid forgetting any important details. Keep all evidence, medical records, and other important documents related to your case in a safe and secure place. Keep notes of conversations with medical personnel, police officers, witnesses, and any other parties related to the incident.
  • Do not talk to any insurance company representatives. In addition to this, do not allow yourself to be recorded. There is no law that states that you are required to allow an insurance adjuster to record you.

Finally, contact a swimming pool accident lawyer. At Ariel Law Group, we offer free consultations to help you better understand your options and answer questions you may have. With more than 30 years of experience, we’re the aggressive team you want on your side.

Who is liable for a swimming pool accident?

Determining who is liable for a swimming pool accident will depend on a variety of factors, the first of which is who owns the pool where the accident occurred. For example, pools can be privately, publicly, or government-owned. We’ll discuss this in more detail below.

Privately owned swimming pools

When a swimming pool is privately owned, such as the pool a friend or a family member has in their home, the owner of the pool is liable for any accidents or injuries that take place in the pool. Just like owners of public property, private property owners have a “duty of care” to ensure that their property is safe for visitors.

This duty is increased when someone visits the property for the benefit of the pool owner, such as a landscaper, handyman, or someone there to provide childcare. Duty is also increased when the visitors to the pool are minors, such as for a children’s party or a get-together with families that have children. It is especially important to ensure that all children are adequately supervised when near the pool to avoid any injuries or accidental drownings.

A premises liability suit for a swimming pool accident will most likely be successful if the defendant can prove that the pool owner was negligent of their duty of care.  

Although adult trespassers on the property are typically not owed a duty of care and are legally responsible for their own injuries, trespassing minors may still be owed a duty of care. Pool owners should take preventive steps to prevent minors from accessing their pool, whether trespassing or not.

Publicly-owned swimming pools

Publicly owned swimming pools are subject to the same duty of care for guests and premises liability as privately owned swimming pools. Something that sets public swimming pools apart from private swimming pools is that owners of public swimming pools will usually require that guests sign a liability waiver in order to be allowed access to the pool. Public pools may also feature posted signs letting guests know that by using the pool they are taking on liability for any injuries sustained. However, the legal enforceability of these waivers and signs is an open question that is often contested.

Even if you have signed a waiver stating that you “waive all liability” or that uses language similar to this, you may still be able to file a successful swimming pool accident lawsuit. An experienced swimming pool accident lawyer will be able to advise you regarding the validity of your case.

Government-owned swimming pools

Government-owned and operated swimming pools, such as those operated by a municipal Parks & Recreation department. These pools are subject to the same duty of care and premises liability as private and public pools. Something that complicates swimming pool accidents that take place in government-owned swimming pools, though, is that a private citizen cannot directly file a lawsuit against the government. 

To sue a government entity, private citizens must follow protocols set forth by the California Tort Claims Act related to claims against government entities. This procedure is significantly different from the process of filing a conventional lawsuit and has a stricter timeline and other restrictions. Consulting with a swimming pool accident lawyer will help you better understand your options with regard to this type of legal case.

What type of compensation am I entitled to after a swimming pool accident?

If you are injured as a result of a swimming pool accident, the compensation you are entitled to will be influenced by a variety of factors. Some of these factors include the following.

  • Past, present, and future medical bills related to injuries sustained in the accident. This includes:
    • Hospital bills
    • Ambulance bills
    • Physical therapy
    • Consultations with specialists
    • In-home care services
  • Past and future lost wages resulting from the accident.
  • Out-of-pocket expenses caused by expenses resulting from the accident.
  • Pain and suffering resulting from physical pain, emotional distress, mental anguish, and loss of consortium. 
  • Punitive damages if the accident was the result of malicious or willful actions.
  • Wrongful death damages if a close relative dies due to a swimming pool accident. This may cover expenses related to the funeral and burial, income that the deceased would have earned, and loss of support and companionship.

What you are entitled to may not yet be clear to you, but an experienced swimming pool accident lawyer will analyze your case to determine the damages you are entitled to. 

What is the average settlement amount in a swimming pool accident case?

The amount of your settlement will depend on a variety of factors. In addition to this, California is a comparative negligence state, which means that if you are found to be partially at fault for the accident, your settlement amount will be affected. Other factors that can affect your settlement amount include the following.

  • The extent of the victim’s injuries
  • The victim’s age and status of their health prior to the fall
  • How the victim’s injuries impacted their quality of life
  • How the accident impacted the victim’s ability to work

An experienced swimming pool accident lawyer will analyze your case to determine the maximum compensation you are entitled to.

Experienced Swimming Pool Accident Lawyer Willing to Fight For You

When you’re in need of a swimming pool accident lawyer, Ariel Law Group is the team you want on your side. Our team of experienced attorneys has handled many cases in California involving premises liability. We have helped people in many different situations recover compensation to pay for medical expenses, physical therapy, pain and suffering, and more.

Individuals harmed by the negligence of others deserve justice. With more than 30 years of combined experience, we will fight to get you the money you need and deserve.

Contact us to Schedule a Free Consultation

Have you or a loved one been injured in a swimming pool accident? One of our experienced premises liability lawyers at Ariel Law Group can help determine where liability lies and discuss what compensation might be available for your injuries. Our attorneys and staff speak English and Spanish for your convenience.

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