Los Angeles Pool Accident Attorney
Los Angeles Pool Accidents Attorney
Spending time around a swimming pool with friends and family on a hot day is undoubtedly one of the greatest joys of summer. Unfortunately, swimming pool accidents and drowning are all too common and in a few moments, a joyful excursion can turn into a tragedy. Contact our Los Angeles pool accident attorney at Rahnama Law if you or a loved one has suffered from a swimming pool accident or drowning.
It is reported that approximately 500 children under the age of five drown in swimming pools every year with another 3000 being treated in a hospital for injuries associated with near drowning. In California, drowning in a swimming pool is the largest cause of death for children under 14. However, drowning is not the only danger near a pool and other common injuries are diving accidents (which make up over ten percent of the approximately 10,000 spinal injuries that occur in the U.S. each year), slip and falls on wet pool decks and injuries from pool chemicals which are hazardous if used improperly. If you have been injured in a swimming pool accident, it is possible to recover financially from the at-fault party.
There are many legal theories upon which liability for a pool injury can be based. They include negligence, defective products such as diving boards or ladders, premises liability for lack of maintenance, negligent supervision and a lack of warning signs.
Premises liability is based on the responsibility of a property owner to maintain his property free of hazardous or dangerous conditions. If such a condition exists and the property owner knew about it or should have known about it and someone is injured as a result of the condition, the property owner can be held responsible for that person’s injuries. When it comes to swimming pools, a property owner has the obligation to take reasonable precautions to make sure that his pool is safe for users as well as anyone else entering his property (in California, this includes trespassers as well).
This applies to owners of residential swimming pools, owners of property with private commercial pools such as hotels, campgrounds, health clubs or apartment complexes, government entities operating pools at parks as well as those occupying premises with a pool such as a renter of a home with a pool. Premises liability relating to swimming pools is usually rooted in the property owner’s failure to maintain the pool or its surrounding areas or his failure to adequately supervise pool users.
These failures may include a lack of fencing, a lack of warning signs indicating pool depth or warning of the absence of a lifeguard, negligent supervision of guests (particularly if they indicated that they would be watching a child) or a lack of maintenance such as a partially filled pool or unclear and debri filled water which could lead to diving accidents and drowning.
A form of negligence called strict liability may apply when determining liability in your swimming pool accident. This occurs when someone violates a law meant to safeguard others. In California, many local governments have passed laws on the requirements for constructing and maintaining a swimming pool as well as on the type of fence that must surround the pool and the type of cover that must be used. These laws are all designed to prevent accidents and if a property owner violates such a law and an injury results, the fact of the violating can be used as proof of the owner’s liability.
Just as with any other accident, if you are involved in a swimming pool accident, you should be sure to preserve any evidence, take photographs of the scene, speak to witnesses and be sure to follow up with a doctor about your injury symptoms. Finally, call and speak to an experienced pool accident attorney like those here at Rahnama Law. While it might not seem like a top priority immediately following such a trauma, complex legal and safety issues are usually involved and it is essential to consult an attorney as soon as possible. Our pool accident attorneys have a proven track record of success and are known for their competence and professionalism. Let us help you recover the optimal award to which you are entitled.
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