Sacramento Swimming Pool Accident Lawyers
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Our Sacramento Swimming Pool Accident Lawyers Explain The Legal Process, Step By Step
There are many ways a person can be injured in or around a swimming pool, particularly children. Every year, many young children die in California in preventable drowning accidents. Because swimming pools can pose serious safety risks, it is important that potential hazards are properly addressed. When accidents occur due to a property owner’s failure to maintain a safe environment, they may be held legally responsible.
Our Sacramento swimming pool lawyers are experienced in handling various types of injury claims. Whether you were injured in a pool, a spa, on a splash pad or diving board, at a waterpark, at a hotel, or in a private home, we are here to help. Learn more about swimming pool accident claims, liability, and compensation. Know how to protect your important legal rights after any type of swimming pool accident.
Talk to one of our Sacramento swimming pool accident lawyers who handle such accidents by calling (888) 488-1391 for a free initial consultation.
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– Judd Ross Allen
Sacramento County Drowning Statistics
According to the Sacramento County Government, children under the age of five account for a majority of drowning deaths in the U.S., which illustrates how vulnerable this age group is around pools. There are reasons why pool owners must follow local regulations and safety rules. These rules save lives.
Pool owners who do not follow these regulations and fail to take basic safety precautions may be found liable for the injuries and deaths that result from their negligence. The “reasonable” amount of precautions depends on each unique situation. Homeowners with pools should, at a minimum, consider pool gates and safety latches on their doors.
Covers, life rings, and other equipment should also be used as necessary. There is no clear rule on what precautions are considered “reasonable,” but homeowners who take no steps to prevent pool injuries may be found negligent depending on the specific circumstances of each case. Most homeowners’ insurance policies cover injuries in and around pools.
Other Pool-Related Hazards Beyond The Swimming Area
Swimming pools are not the only water equipment that can lead to injuries and death. There are many dangerous parts, chemicals, and related items that can be incredibly dangerous. Other related items that can cause injuries in and around swimming pools include:
- Jacuzzis, spas, and hot tubs.
- Saunas.
- Water slides.
- Diving boards.
- Pool vacuums.
- Splash pads.
- Cleaning chemicals.
- Electrical equipment in a service or maintenance area.
- Water features.
Owners must take reasonable precautions with these features and equipment as well. Electrical equipment and cleaning chemicals should be kept out of reach of children. Gates and locks should be used to keep children out of any place with water (like a spa, sauna, or water feature).
Guests with children should be warned that there are water hazards in the home. Children, especially, are prone to injuries, and the law often requires property owners to exercise reasonable care to protect child visitors.
Where Pool Injuries Can Occur
Water injuries can happen almost anywhere. Even if there is no pool on a property, there could still be water features or other hazards that could pose a threat, especially to small children. Water injuries can happen at:
- Public pools
- Water parks and recreational facilities
- Hotels
- Private homes
- AirBnBs, VRBOs, and other rental properties
The person whose negligence caused your water injuries could potentially be held liable to compensate you for your losses if liability is established. Our pool injury lawyers are experienced in investigating accidents to identify responsible parties and build strong negligence cases. There is, for example, a different standard of negligence for private homeowners than there is for business owners (like the manager of a hotel or water park).
Airbnb hosts fall somewhere between these two standards, but there is still little settled law in that area. As a result, those claims can get complicated. Arash Law handles various types of liability in many different water injury cases. We can manage the legal matters on your behalf so that you can focus on treating your injuries.
Common Types Of Pool Injuries
Pool injuries are not just drownings. There are many ways to be injured in and around a pool, and you may be able to seek compensation for any type of injury caused by another person’s negligence. Types of water injuries that a person can suffer include:
- Drowning.
- Near-drowning (in which the victim survives but often has permanent injuries as a result of brain damage).
- Diving accidents.
- Suction injuries from malfunctioning drain equipment or vacuums.
- Slip-and-fall injuries on wet pool decks.
- Chemical burns from improperly stored chemicals or improperly treated water.
- Illness from water that has not been properly maintained.
The law holds negligent pool owners responsible for these types of injuries because they can often be avoided with reasonable safety precautions. Pool owners who fail to take these reasonable safety measures can face legal responsibility for the resulting injuries and losses.
Essential Tips To Prevent Drowning And Pool Injuries
So how can pool injuries be avoided? Pool owners must take reasonable safety measures, but all swimmers should use good judgment while in and around the water. Sound judgment is especially important for parents of young children who are within a walkable area of any pool equipment. Safe Kids of Greater Sacramento has important tips for water safety:
- Have a phone nearby in case of an emergency.
- Use gates, pool covers, and gate alarms to keep kids out of the water.
- Teach children not to play near pools and spas. Kids should also learn to stay away from drains (which can hold a person underwater with suction) while they are in the water.
- Kids and adults should take swim classes.
- Adults should also take CPR, first aid, and water safety classes.
- Provide uninterrupted supervision of all children regardless of how well they can swim. Children who can’t swim well should be within reach of an adult at all times.
- Remove ladders to above-ground pools and spas when not in use.
The “ABC” Rule Of Pool Safety: Adult Supervision, Barriers, And Classes
Adult Supervision
Children under the age of five must be closely supervised at any time they are at a home with any type of pool equipment. Remember, children can get away from you quickly, so even a quick call or bathroom break could give them enough time to access dangerous water areas. Children over the age of five are generally less impulsive, but they can still get into trouble in a pool area, especially if they do not know how to swim.
Help older children understand what areas are off-limits without adult supervision. One common problem with pool supervision occurs when there are too many adults in the pool area. In this case, it is common for every adult to assume that someone else is watching the kids. Designate a watcher at all times.
When multiple children are swimming, it’s important to keep track of every child at all times. Never assume that someone else is watching the children for you unless they have specifically been asked and agreed to do so.
Barriers
Different cities have different rules about pool gates. Some building codes require permanent gates around every pool, while others do not. Some cities allow homeowners to have self-closing patio doors that prevent access to a backyard pool. It is important that your home complies with any local ordinances applicable to your pool.
Regardless of what laws or safety regulations apply, use good common sense to determine your children’s needs. Small children will likely need a pool gate, whether it is required by law or not. Additional precautions, like pool alarms, high door latches, and safety covers, can further reduce the risk of unsupervised access.
When away from home, parents should also assess safety measures around unfamiliar pools. Hotels, vacation rentals, waterparks, or friends’ homes may not have the same protective barriers. Take time to evaluate the pool setup before allowing children near any unfamiliar water feature, as what feels safe at home may not be replicated elsewhere.
Classes
Knowing how to swim is one of the most effective ways to prevent drowning and near-drowning accidents. In California, where pools and other water features are common, many families enroll their children in swim lessons at an early age. While infants and toddlers can begin learning basic water survival techniques, most children develop stronger swimming skills between the ages of three and five.
Even if a young child cannot swim independently, simple skills like floating, holding their breath, or turning onto their back can help reduce the risk of drowning if they fall into the water. Certified swim instructors are trained to teach these skills in age-appropriate ways, starting with water safety fundamentals.
Adults can also benefit from swim lessons, especially if they are not confident swimmers or are unfamiliar with California’s water culture. Many swim schools also offer instruction in CPR, first aid, and water safety.
Who Is At Fault For Swimming Pool Injuries?
Determining who is at fault (or “liable”) for a swimming pool injury is a critical part of a personal injury case. The party responsible for causing the injury may be legally obligated to compensate the injured person. Identifying all potential defendants, whether individuals or companies, is important when pursuing a personal injury claim.
There could be multiple defendants who have multiple insurance policies to cover the pool. Our experienced Sacramento personal injury attorneys can assist in identifying all responsible parties and gathering evidence to establish negligence. Common defendants in swimming pool accident cases include the following:
- Pool owners or homeowners, who are responsible for maintaining a safe environment.
- Property managers or landlords, especially in rental properties or apartment complexes.
- Pool maintenance companies, if improper upkeep or repairs contributed to the injury.
- Builders or contractors, if defects in the pool’s construction or installation caused the accident.
- Manufacturers of pool equipment or safety devices, if faulty products played a role.
- Public entities or businesses, such as hotels, waterparks, or community centers, if the accident occurred on their premises.
Frequently Asked Questions About Swimming Pool Accidents
What Should I Do After A Swimming Pool Accident?
Your first priority after a swimming pool accident is to address your immediate medical needs. Go to the hospital, get any treatment you need, and follow all recommendations regarding follow-up care.
Once your immediate medical needs have been met, consider consulting a Sacramento swimming pool accident lawyer. Early legal guidance helps protect your rights and helps you meet important legal deadlines. An attorney can assist in evaluating your case and pursuing just compensation that may be available under the law.
Can I File A Claim On Behalf Of My Child?
Yes. Minors have legal rights, and their parents or guardians can file a claim on their behalf for injuries sustained in a swimming pool accident. Our pool injury lawyers understand the specific legal issues involved when representing minors. They can assist in pursuing compensation and protecting your child’s legal rights throughout the process.
What If My Child Has Permanent Injuries After A Water Accident?
If your child suffers permanent injuries from a water accident caused by someone else’s negligence, you can pursue compensation for medical expenses, ongoing care, future lost earnings, and pain and suffering. Near-drowning incidents often result in serious brain damage requiring extensive treatment. Compensation claims seek to address the financial and personal impact of these injuries.
Our Sacramento swimming pool lawyer can assist by gathering and organizing medical records and consulting with financial consultants to estimate future care costs. They can also help coordinate with healthcare providers and negotiate with insurance companies on your behalf. Their support helps manage the complexities of the legal process while advocating for your child’s interests.
What If A Homeowner Does Not Have Insurance?
Most homeowners’ insurance policies include coverage for injuries that occur in or around a swimming pool. However, because pools carry higher risks, these policies often come with increased premiums. Larger facilities, such as hotels or public pools, are typically covered under corporate insurance policies with higher coverage limits.
A lack of homeowners’ insurance does not necessarily prevent you from seeking compensation. Other forms of insurance, such as umbrella policies or coverage held by property managers, maintenance companies, or other third parties, may apply. In some cases, additional individuals or entities may also be legally responsible for the accident.
Consulting with our Sacramento swimming pool accident lawyers can help you identify potential sources of compensation and guide you through pursuing your claim, even when insurance coverage is unavailable.
How Much Is My Swimming Pool Injury Case Worth?
The value of a swimming pool injury case depends on several factors, including the severity of the injury, who is legally responsible, and the long-term impact of the accident on the victim’s life. No two cases are the same, so there is no set dollar amount that applies to all claims.
Our swimming pool injury lawyers in Sacramento carefully evaluate each case. This includes reviewing medical records, lost income, future care needs, and the physical and emotional impact of the injury. We also consider whether the injury caused permanent disability or reduced earning capacity. We work to calculate the full extent of your losses so you can pursue fair compensation under the law.
Speak With Our Sacramento Swimming Pool Accident Lawyers
Our Sacramento swimming pool accident lawyers can guide you throughout the claims process. We handle cases involving pool-related injuries and help you pursue appropriate compensation for your losses.
Whether you have been in a car accident, slip-and-fall incident, sustained an animal bite, or lost a loved one due to someone else’s actions, our attorneys can help protect your legal rights.
Call (888) 488-1391 to schedule a free initial consultation with one of our personal injury lawyers.
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