Liability and Legal Concerns in Swimming Pool Accidents
Swimming pool accidents are tragically common, leaving many families recovering from near-drowning experiences or fatal injuries every single year. When these accidents occur, Southern California families are often left with more questions than answers. Was the accident predictable? Who’s to blame? What about their medical bills and other expenses? That’s why it’s important to work with a wrongful death lawyer after a serious injury. Call the Law Offices of Robin D. Perry & Associates at 562-216-2944 to set up a consultation with our team of wrongful death attorneys in Long Beach right away.
Swimming pool injury statistics are enough to make any homeowner think twice about putting such a dangerous attraction in their backyard. Per the CDC, there are over 4,000 unintentional drowning deaths every year in the United States. These accidents occur year-round but predictably, they peak in June and July. Although California’s rates are somewhat lower than those of surrounding states, there is still lots of work to do to keep children safe. From ages one to four, drowning is the most common cause of death. It’s the second most common cause of death among children aged five to 14.
Premises Liability Laws and Swimming Pools
When a swimming pool accident occurs, you’re generally dealing with premises liability law. When a property owner has a pool, what are their legal obligations and how far do they have to go to keep people safe?
Property owners have an obligation to take reasonable steps to keep their pool safe for all potential users. Those who fall into this group include homeowners with pools, hotel and apartment building owners who offer the pool as an amenity, health club owners who offer pool access, and government entities who oversee public or school swimming pools.
Taking reasonable steps to ensure the safety of visitors and guests means warning them of the potential dangers of the pool and giving them the information they need to decide whether or not to swim. This means depth markers, signs indicating whether or not a lifeguard is on duty, and ensuring that people cannot access the pool when it is not open for swimming. It may also mean using a pool cover and keeping the pool’s stairs and ladders in working order so people can exit the pool safely. In tragic cases where a swimming pool accident results in the loss of life, the family of the victim may need the expertise of a wrongful death lawyer to seek justice and compensation for their devastating loss.
Potentially Liable Parties
There are several potential liable parties in a swimming pool accident claim. Property owners are generally the go-to party when liability is in question, as it is ultimately up to them to keep their property safe. They are also responsible for ensuring that their pool meets all safety regulations.
In many cases, even if it’s not the property owner’s fault, they are still ultimately liable. Consider, for example, a health club with a pool. The pool is in working order and has every safety feature it is legally required to have. However, the lifeguard working one day was not well-trained, and they failed to notice a child drowning in the deep end. An investigation finds that had they been scanning the area as required, the child could have been saved. Since the lifeguard was working as an employee of the facility at the team of the accident, the facility would be held liable.
Other potentially liable parties include pool maintenance companies, contracted lifeguards, contractors, and manufacturers. For example, if a contractor installed a fence so poorly that a child could crawl under it and access the pool, they may be liable for any subsequent wrongful death claims.
Legal Considerations After a Swimming Pool Accident
California is one of many states that considers swimming pools to be inherently dangerous. Property owners can be held liable if anyone is injured in their pool, and California addresses these dangers with its Swimming Pool Safety Act.
The Swimming Pool Safety Act specifies what features a residential pool must have to be legally permissible. Requirements include an audible exit alarm on all doors that provide immediate access to the pool, removable mesh fencing, a total pool enclosure that separates the pool from the home, and a manual or power-operated pool cover.
Start Your Wrongful Death Case With the Team of Long Beach Wrongful Death Attorneys at the Law Offices of Robin D. Perry & Associates
Swimming pool accidents can cause significant trauma and pain for affected families. If you’ve lost a loved one or suffered an injury due to a swimming pool accident, you may have a wrongful death claim. Learn more now by contacting the Law Offices of Robin D. Perry & Associates online or at 562-216-2944.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
