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There are many ways a person can be injured in or around a swimming pool. Children are at particular risk. Every year, many young children die in California in preventable drowning accidents. Pools are dangerous, which is why it is so important for injury victims, parents, and survivors to hold pool owners accountable for their negligence.

Our Sacramento swimming pool lawyers are experienced in handling all types of water 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 – and most importantly, how to protect your important legal rights after any type of swimming pool accident.

Talk to a reputable Sacramento injury lawyer specialized in swimming pool accidents by calling (888) 488-1391.  We can tell you if you have a case or not, without any obligations to sign!

Traumatic Brain Injury

$14,000,000.00

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

The Sacramento County Government reports that 70 percent of drowning deaths in our county happen to children under the age of five, illustrating just how vulnerable children are 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, must be held accountable 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 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 are likely to be found negligent. Most homeowners’ insurance policies cover injuries in and around pools.

Homeowners will quickly notice that their premiums increase when a pool is included in homeowners’ insurance coverage. This increase is because pools are dangerous! Insurance companies have to pay many claims related to pool injuries every year, so homeowners must pay more to insure them.

An increased premium also means that there is often insurance coverage for pool injuries – even if the injury occurred at a private home. Larger facilities, such as water parks and hotel pools, are likely to be insured under corporate policies with higher policy limits. Our Sacramento swimming pool accident lawyers know how to find all the insurance coverage that applies to your claim.

Other Water Facilities and Equipment

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).

Most importantly, guests with children should be warned that there are water hazards in a home. Children, especially, are prone to injuries, and the law expects homeowners to take special care of them.

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Emperatriz Ayala
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My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.
Chris Zavala
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Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!
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Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.
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Joseph R. Porter
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From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.
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I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏 With Gratitude, Monica Parra
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Where Pool Injuries Can Occur

Water injuries can happen almost anywhere. Even if there is not a 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 has the legal obligation to compensate you for your losses. Our pool injury lawyers know how to find the negligent parties and how to prove they are negligent. 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 headed by Arash Khorsandi, Esq. handles all types of liability in many different water injury cases. We deal with all the legal issues so that you can focus on making the best possible recovery from your injuries.

There Are Many Types of Pool Injuries

Pool injuries are not just drownings. There are many ways to be injured in and around a pool, and you have the right to be compensated 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 must be held accountable for the injuries and losses they cause.

Experienced Aggressive Injury Lawyers for All Sacramento Swimming Pool Accident Cases

Experienced, Aggressive Injury Lawyers for All Sacramento Swimming Pool Accident Cases

Search online for “Sacramento injury lawyers near me” to read some of our firm’s excellent reviews. Our Sacramento accident attorneys at Arash Law led by Arash Khorsandi have decades of experience, and we handle all types of pool and water injury cases. Our legal team has collected over 500 Million dollars for clients across the Golden State.

We work in Sacramento and all surrounding areas. Our legal team also serves clients in Los AngelesSan FranciscoRiversideBakersfield, Santa Barbara, San Jose, San DiegoFresno, Sherman Oaks, and throughout California. Call (888) 488-1391 today to schedule your free consultation. Don’t wait to protect your legal rights. Get an experienced Sacramento injury lawyer fighting on your side as soon as possible.

Pool Injuries Can Be Avoided

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:

  • Always 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.

Safe Kids also promotes pool safety by use of the “ABC” rule: Adult Supervision, Barriers, Classes

1
Adult Supervision

Children under the age of five must be closely supervised 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.

Be sure that 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 parent watcher at all times.

Be sure to account for all children - especially if there are a lot of children in the pool at the same time. And never assume that someone else is watching the children for you unless they have specifically been asked and agreed to do so.

2
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. Be sure that your home remains in compliance with any local ordinances that apply to your pool.

And 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. Some children are curious, and their parents might need to take extra precautions with added barriers to cut off the child’s access to the pool.

Parents must also be aware of the barriers that exist when they are away from home. A pool at a hotel, waterpark, or friend’s house might not have the same barriers that you have at home. Be sure to check out the setup of a new pool before you let children into an unfamiliar - and potentially dangerous - environment.

3
Classes

One of the best defenses to drowning and near-drowning accidents is knowing how to swim. Here in sunny California, many children learn to swim before they learn to walk. This skill is an important safety measure. Even if a young child cannot fully swim yet, simple breathing and floating techniques can be a lifesaver in the event they fall in the pool.

Swim instructors teach these skills to even the youngest children. The more a child is able to develop their skills, the better prepared they will be in the water. And of course, it is not just children who need swimming lessons!

If you never learned to swim or are new to California’s water culture, it never hurts to take swim classes as an adult. Swimming schools also offer courses in water safety and first aid. When a family has more knowledge about pool safety, preventable accidents are less likely to occur, and everyone can respond better to any incidents that do happen.

Manuel S.
$1,000,000
Workers Compensation Settlement
The case was dropped by a large well-known law firm 4 months before trial, we came in and prepped for trial and were able to secure the maximum policy limits on the doorsteps of trial.
Workers Compensation Settlement
The case was dropped by a large well-known law firm 4 months before trial, we came in and prepped for trial and were able to secure the maximum policy limits on the doorsteps of trial.

Who Is at Fault for Swimming Pool Injuries?

One of your lawyer’s most important jobs is to identify who was at fault (“liable”) for causing your swimming pool accident. The person who caused your injuries has a legal obligation to compensate you for them, so it is important to identify all potential defendants in a personal injury lawsuit. A defendant could be an individual or a company.

There could be multiple defendants who have multiple insurance policies to cover the pool. Our experienced Sacramento personal injury attorneys know how to find all defendants and prove their negligence in a court of law. Common defendants in a personal injury case involving swimming pool accidents include what follows.

1
Homeowners

Homeowners have a legal duty of care to guests who come on their property. If there are hidden hazards on the property (such as a swimming pool under a dark cover that is difficult to see), the homeowner could be negligent in failing to warn guests about these conditions. Common mistakes homeowners make with respect to their pools include:

  • Failing to provide proper fencing and barriers around the pool
  • Failing to provide proper supervision around the water (especially when there are children present)
  • Failing to ensure that all ladders, slides, and diving boards are safe to use
  • Failing to properly label dangerous areas, pool depths, or other safety information

The law imposes a duty of care on homeowners in order to protect the guests who come on their property. When homeowners fail to warn their guests about hazards they know of, they can be held liable for any injuries that result.

 
2
The “attractive nuisance” doctrine

The law imposes a different duty of care when it comes to children. Adults are expected to know about open and obvious dangers - such as a swimming pool. But children are not always able to protect themselves the way that adults can. Some hazards (like pools) even attract children. These hazards are known as “attractive nuisances.”

The law requires property owners to use extra caution with any attractive nuisances on their property. If it is foreseeable that a child would be attracted to a pool, spa, or other water feature, the homeowner must take extra steps to prevent children from being harmed. Reasonable precautions depend on the situation. A gate or cover might suffice, or the area might need to be locked off entirely. Warning signs are not sufficient to protect very young children who cannot read.

3
Hotel owners and management

Owners and managers of hotels are held to an even higher standard of care than private homeowners. Because they are inviting customers on their property for their own financial benefit, the law requires them to actively inspect the property and make it safe for all guests, meaning that pool areas must be regularly inspected for hazards - like puddles of water. Pool water must be routinely checked and shocked, and reasonable precautions must be taken to protect small children from accidentally accessing the pool area.

4
Water park owners and management

Like hotel owners, water park owners are also inviting the public onto their properties for the purpose of making money. This condition means that they, too, must regularly inspect the property and make it safe for all guests. Water parks often have even more opportunities for injuries on slides, rides, water features, and other attractions at the park.

Owners and managers must take reasonable steps to reduce the risk of injuries on these rides. They might need to have an employee monitor the riders or have cleanup crews handle large pools of water or post signs about the safe use of water equipment.

Determining what precautions are “reasonable” will depend on the type of equipment at the water park, the risks that it poses, whether the park took any steps to address these risks, and whether the steps it took were enough to effectively reduce the risk of injury at the water park.

5
Cities and government entities

Many towns have municipal pools that are run by the local government. These facilities may also have splash pads, water slides, hot tubs, and other water equipment. Cities that own these facilities can be held liable for injuries that occur on their property. Whenever a government entity is involved in a personal injury case, the claim can be complicated by the legal rule of sovereign immunity.

This rule prevents government agencies from being sued without their consent. Sovereign immunity applies in different ways to different claims against different cities and municipalities. The whole issue can become incredibly complicated, which is why it is so important to consult with a swimming pool accident lawyer about your case. Even in the event that sovereign immunity does apply, you might have different legal claims against different defendants.

6
Manufacturers of defective products

The U.S. has strong consumer protection laws that are designed to protect consumers from defective products. When consumers are injured by a defective product, the manufacturer can be held liable for these injuries and ordered to pay the victim compensation for their injuries and losses.

This rule is known as strict products liability. (The liability is “strict” because the victim does not have to prove that the manufacturer was negligent. So long as the product was being used as intended when it caused the injury, the manufacturer will usually be liable.)

There are many products in and around the pool that can cause injuries. Pool water could make swimmers ill if the chemicals used to treat the water are defective. Jets, drains, and other pool parts can cause injuries with strong suction.

In some especially tragic cases, victims are actually held underwater by this suction, resulting in a particularly horrible death. Life vests and other safety equipment can also lead to products liability if it fails.

It is important to note that most floaties and toys are specifically designated not to be life-saving devices, meaning that there may not be products liability if these toys fail to work as a lifesaver in an emergency, though other personal injury claims could still apply to the case. Our Sacramento swimming pool accident lawyers know how to find all potential legal claims that apply to your unique circumstances.

Swimming Pool Accident FAQs
1
What should I do after a swimming pool accident?

Your first priority after any accident should be 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, it is important to hire a Sacramento swimming pool accident lawyer as soon as possible.

You have legal rights that are placed in jeopardy as soon as an accident happens. As soon as you hire a pool injury lawyer, they will start working to put legal protections in place and fight for the compensation you are rightfully owed. Your injury lawyer will also ensure that you do not miss any statutes of limitation or other legal deadlines.

2
Can I file a claim on behalf of my child?

Yes! Children have legal rights, and they are also entitled to compensation for their injuries. Many drownings and near-drownings happen to your children who do not yet know how to swim. Our experienced pool injury lawyers know how to handle cases involving minor injury victims and all the related legal issues that come up in these cases. We will fight hard to ensure that your family’s legal rights are protected after any type of water injury case.

3
What if my child has permanent injuries after a water accident?

Sadly, many children are left with permanent injuries after swimming pool accident cases, a particular problem in near-drowning cases. A near-drowning deprives the brain of oxygen while the victim is underwater, which, in turn, causes brain damage. The longer the victim is underwater, the more extensive this brain damage is likely to be. Some children are left in a permanent vegetative state.

Others will be in a coma for an extended period of time. Almost all near-drowning cases involve a lengthy (and costly) stay in the ICU. When a near-drowning is the result of a pool owner’s negligence, children have the right to be compensated for all of these extensive medical bills and care costs. A child also has the right to be compensated for future lost wages if they will never be able to work.

The child is even entitled to compensation for all the pain and suffering they will endure over their lifetime as a result of near-drowning brain damage. These costs are significant. For many children, their lives will never be the same, and it takes a lot of compensation to make up for these many permanent losses.

4
What if a homeowner does not have insurance?

Insurance coverage is the primary source of compensation for most personal injury claims. It is not, however, the only way that a victim can be compensated for your injuries. Do not give up on your case if you were injured in a pool that is not covered by homeowners insurance. There could be other insurance policies that apply, other defendants who are liable for your injuries, or other legal claims to pursue.

There are also legal options once you have a judgment against the defendant – even if they do not have insurance coverage to pay the judgment right away. The important thing is to meet with a Sacramento swimming pool accident lawyer about your case so that you can explore all possible options for getting the compensation to which you are legally entitled.

5
How much is my case worth?

Every case is different. Every pool accident victim is entitled to fair compensation for their unique injuries and losses. The pool injury lawyers at Arash Law managed by Arash Khorsandi, Esq. investigate each case thoroughly to determine the fair value of your injury claim. It is important to get this kind of case valuation from an attorney who is on your side.

Remember, the defendant’s insurance company is actively working against you to pay as little as possible. You need advice from your own lawyer to be sure you know what your case is really worth. Our valuations account for all your medical bills, lost wages, and fair compensation for your pain and suffering.

We also account for all of your future losses, such as medical care you will require in the future, any decrease in your earning capacity, and the pain and suffering you will endure in the years to come. All of these are very real losses for which you have a right to be compensated.

Your Local Sacramento Swimming Pool Accident Lawyers

Our Best Swimming Pool Accident Lawyers in Sacramento are right here. We are experienced in Swimming Pool Accident claims and know how to fight hard for the compensation you deserve. Whether you have been in an auto accident, slip and fall accident, sustained an animal bite, or suffered the pain of a loved one’s wrongful death, our attorneys can defend your legal rights.

Call (888) 488-1391 today to schedule a free consultation with one of our personal injury lawyers in Sacramento. The law entitles you to full and fair compensation from a negligent party for all the losses you have sustained as the result of any type of injury.

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