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