What Are Your Rights In Swimming Pool Accidents And Injury Claims?
Pools can be slippery, on top of other dangers it poses. It's so easy to let your guard down in swimming pools because you might be preoccupied with having fun and enjoying your time with family and friends. If you've unfortunately been involved in a swimming pool accident, you should know your next steps to hold people accountable and get damages for the losses you've incurred in the process.
A swimming pool injury may change fun into tragedy more swiftly or thoroughly than anything else. Only a few moments at the bottom of the ocean can cost the victim and their family a lifetime of misery and sorrow. To assist these families, substantial compensation is offered in California.
That said, to get compensation for medical bills and other losses, you need to know your personal injury rights.
Swimming Pool Incidents And The Most Common Causes
Anyone, at any time, can be injured in a swimming pool. Various types of injuries have different effects on different victims.
1. Drowning
Drowning is the most common cause of unintentional death among children under the age of four. Even as adults, children's lungs are still undeveloped. Underwater, a few seconds can feel like an eternity. Furthermore, many victims, both young and old, experience anxiety while they are submerged. Victims can drown in as little as a few feet of water, which is not uncommon.
2. Chemical Toxicity
Most people do not link chemical toxicity to swimming pools, yet there is a link. Chlorine and other pool-cleaning chemicals are incredibly harmful. Some swimmers may suffer severe chemical burns to their eyes, ears, noses, and/or throats if the chemical level is just a bit too high. The wounds are even more severe if the sufferer has a pre-existing condition.
On the other hand, bacterial infections could be an issue, especially when the water gets very heated. Bacteria can proliferate quickly if the chemical level is a little too low. These infections are even more dangerous if the sufferer has a pre-existing ailment.
3. Injuries From Broken Or Unsafe Drains
Pool drains can be quite dangerous due to the large amount of suction required to filter and clean pools. Small children have drowned after becoming entangled in the high suction of a drain.
To reduce the risk of suction-related injuries and deaths, pools should have specific measures in place. All public pools are required to follow these protocols. Otherwise, they will be punished.
4. Injuries Exacerbated By Inadequate Supervision
The correct staff-to-swimmer ratio should be maintained by employees working in public pools. Swimmers may drown without ever being discovered if there aren't enough lifeguards and other supervising workers on duty.
Swimming pools attract people who may or may not be able to swim. But, even if they do, they may get cramps or other mishaps that result in drowning.
Not only should staffing levels be adequate, but they need also be adequately trained. Employees may be working in jobs for which they are unqualified due to poor hiring practices, inadequate screening, or a failure to do background checks.
A lifeguard's ability to swim or do CPR properly could put someone's life in danger.
5. Accidents Caused By Lack Of Warnings And Signages
It is the responsibility of public pool owners to educate the public about the dangers of swimming at their facility. For example, people must be told whether a lifeguard is on duty, what hours the lifeguard is on duty, and whether diving in certain areas of the pool is safe.
Pool rules and limits, such as no running allowed, pool hours of operation, and the requirement of adult supervision for minors under the age of 18, should all be clearly stated. Pools must also display accurate information about the depth of the pool and who to contact in the event of an emergency.
FAQ: What If You had pre-existing Conditions, Diseases, or Ailments Before Your Pool Accident?
So, how about pre-existing conditions? How do they affect your damages claim?
Quick answer: They have no effect in the majority of cases. Tortfeasors (negligent actors) are often held totally responsible for any damages. According to the eggshell skull rule, tortfeasors must take victims as they are found. Someone must pay the massive medical bills and other costs involved with swimming pool injuries; that person should never be the victim.
Who's Liable In A Pool Accident In California?
Just because you weren't pushed into the pool or were accidentally knocked over by another person doesn't mean no one is liable for your injuries. A swimming pool accident is considered a premises liability, where the pool owner is mostly to blame for any injuries and accidents caused by negligence and lack of maintenance.
Ordinary Negligence
Ordinary negligence is defined as a lack of care. In most cases, pool owners are legally obligated to keep swimmers safe. The nature of this obligation in California is determined by numerous circumstances, including:
Location of the property
Injuries are more likely to occur but were not addressed
Injury severity is likely to be severe
Owner's awareness of the risks and hazards
The extent to which the owner has control
The cost of preventing injury
Most of these criteria favor the victim/plaintiff in swimming pool injury incidents. Pool safety and upkeep are neither complicated nor expensive. And the risk of damage is virtually unfathomable. The level of control could be the only thing that saves you.
Because of the res ipsa loquitur theory, negligence is relatively easy to prove in California, assuming the owner had legal responsibility. Thus, for example, if a child is discovered at the bottom of a pool, the jury may infer that the incident was caused by negligence, notwithstanding the absence of witnesses.
It's extremely tough to defend a negligent pool injury case. First, only a preponderance of the evidence is required to meet the burden of proof (more likely than not). Furthermore, the admission of risk is the sole primary defense.
Signs such as "Swim at Your Own Risk" and "No Lifeguard on Duty" make it easier to demonstrate that the risk was assumed. They are not, however, a get-out-of-jail card for property owners. The insurance company must still show that the sufferer saw the sign, understood it, and could read it.
Negligence Per Se
Common law concepts establish the duty of care in ordinary negligence claims. A statute, however, can sometimes determine the standard of care.
Pool safety equipment is frequently regulated in Los Angeles and other cities. The specific rules vary by jurisdiction, but they usually include the following:
Unclimbable fence or other barrier enclosing the pool
A self-latching gate that is operated from the poolside
Alarms are installed on doorways or windows
Purity criteria for water
Public and semi-public pools, such as those run by homeowners' associations, must adhere to the same set of laws. These pools, for example, are required to contain certain lifesaving devices within easy reach of the water.
Drains, pumps, and other pool equipment are also subject to regulations. Serious injury could occur if the owner fails to maintain this device. For example, if drains are excessively strong, swimmers may become entangled in deadly undercurrents. If the pump fails, the chlorine may react with the water, resulting in a deadly gas cloud.
Compensation for economic losses, such as medical bills, and non-economic losses, such as pain and suffering, are standard in swimming pool injury cases. In some extreme instances, additional punitive damages may be available.
Contact a California Attorney For Personal Injury for more inquiries on who is possibly liable for your swimming pool accident injuries to help get you the compensation you deserve. Top Rated Personal Injury Attorneys In Los Angeles will know their way around Personal Injury Claims, Swimming Pool Maintainance Laws, and Negotiation and Settlement Claims in California.
Who's to Blame in California Pool Accidents?
The property owner may be held liable for damages if someone is harmed or drowns in a swimming pool accident. In addition, owners are responsible for keeping their property secure for visitors, whether it's a public institution or a private residence.
Understanding the legal requirements for establishing a pool in California may assist victims and family members determine whether legal action is necessary.
Privately-Owned Pools
Premises liability laws may hold the pool owner responsible for any accidents if the pool is privately owned. Therefore, visitors on a property have a legal need to be protected. Property owners must take reasonable safety steps to avoid accidents and injuries.
Here are other caveats to think about:
When someone is on the property for the property owner's advantage, such as delivering requested services like gardening or childcare, this obligation is increased.
When children are allowed into a residence, the property owner assumes a more significant duty and must ensure that all children are adequately supervised while near the pool. For example, if you invite your neighbors to lunch and one of their children drowns in your pool by accident, the child's parents may sue you for negligence.
A claimant must show that the pool owner failed to meet their duty of care to visitors to win a premises liability case. Negligence occurs when someone fails to act so that a reasonable person would in a given situation.
A pool owner may be considered negligent if, for example, they fail to fence an in-ground pool, provide adequate supervision for visitors, or properly maintain their pool.
Trespassers are adults who have not been welcomed as visitors or conscripted service providers on the property and are thus legally responsible for any injuries they experience on private land.
On the other hand, pool owners are considered an "attractive nuisance," and pool owners are accountable for minors who enter the premises illegally. As a result, private pool owners should make every effort to keep children out.
That said, not every accident and injury is the same. Your exact circumstances may not be on this list, but that doesn't mean you don't have enough grounds to file claims in California.
Contact a California Attorney For Personal Injury to help you sort out the damages and compensation you need for your injuries.
Public Swimming Pools
Like private pool owners, public pool operators are legally responsible for their facilities; nevertheless, many will require customers to sign a liability waiver before entering the pool. Another common practice is for public pool management to post signs stating that pool users surrender their legal rights, obviating the need for patrons to sign a written waiver.
The question of whether these disclaimers are legally enforceable remains unresolved. In general, guests cannot free a pool owner of responsibility for injuries caused by the owner's gross negligence or recklessness.
Even if you signed a liability waiver, you might be able to sue if the pool owner purposefully pushed you into the pool. In this aspect, waivers with language like "users disclaim all liability" are deceptive because pool patrons may still be able to file a genuine lawsuit despite signing a release.
That said, consult with a California Attorney For Personal Injury to help you build your case.
Government-Owned Pools
What about public pools, such as those run by your city's Parks and Recreation Department? On the other hand, government pools are subject to the same premises liability restrictions as private pools.
In a typical civil case, however, a private citizen cannot sue the government. Instead, you must adhere to the procedures outlined in the California Tort Claims Act, which governs claims against government bodies.
This approach is distinct from filing a standard case in that it has a much shorter period and several limitations. As a result, speaking with a California Personal Injury Lawyer before filing any legal claim is usually a good idea.
What Are the Pool Owner's Responsibilities?
The California Pool Safety Act mandates that pool owners take necessary safety procedures for visitors. The majority of wrongful death and personal injury cases, on the other hand, allege that the property owner failed to ensure the visitors' safety.
Does the pool owner meet the following safety criteria if you or a loved one is injured in someone else's pool? At least two of the following safety standards must be met by pool owners:
1. Installing Enclosures
A self-closing, self-latching enclosure with no more than two-inch vertical gaps and four-inch horizontal gaps that is at least 60 inches wide.
There must be complete clearance around the fence to prevent children from climbing it with things.
2. Using Pool Covers
A pool cover that can handle 485 pounds, whether it's motorized or manual. It drains well enough to protect you from drowning in potentially harmful standing water.
Individuals must pass perimeter deflection inspections to avoid falling in the area between the pool cover and the pool.
3. Installing Alarms Around The Premises
An alarm might be installed on the exit doors or windows leading to the pool room. Unauthorized access to a pool can also be detected by utilizing an alarm system installed in the pool.
The alarm should be loud enough to wake someone up, even if they are vacuuming or sleeping. Water alarms must ring for at least 20 seconds to reach a remote receiver.
Public swimming pools, lockable hot tubs, and residential buildings are exempt from the abovementioned criteria.
Who Are The "At-Fault" Party In Your Swimming Pool Accident Claim?
Multiple defendants may be named in pool accident lawsuits. Consider which safety precautions were broken, who broke them, and whether multiple people were involved in the negligence that resulted in the accident.
Here are a few questions to ask yourself and your California Attorney For Personal Injury:
Who is the owner of the swimming pool? To name someone as a defendant in a case, you must first determine who is to blame for the accident. It may appear simple to establish ownership before bringing a claim. Still, it is vital to do so since it will save you time, energy, and money in the long run.
Was there a person in charge of the pool's safety? In public pools, lifeguards are legally responsible for protecting the security of pool patrons. However, it is essential to remember that private pool owners are also responsible for ensuring their pool is safe for their guests. Failure to implement adequate safety precautions can result in a negligence claim if an accident happens.
Is it true that the pool owner met all legal pool safety requirements? According to California law, a pool must be fenced in or have some other form of protection around it. If a youngster can readily access a pool by jumping over a fence or gate and is injured, the pool owner may be held accountable. Even though it is explicitly stated that children are not authorized to enter the pool area unattended, the owner must have a security barrier in place to prevent youngsters from entering and becoming injured.
If you can't seem to figure out who's to blame on your own, or if you're missing anything that's making it tough to make a decision, a Pool Accident Lawyer in California may be able to assist you. A legal team or a hired lawyer is well-versed in the law and can assist you in locating as many culpable defendants as your case requires.
What Kinds of Damages Can Be Recovered in A Swimming Pool Accident?
In personal injury claims in California, there are two types of damages awarded: economic and non-economic damages.
Economic Losses
Health-care expenses
Wages and salaries have been lost
Future revenues or wages have been lost
Healing and rehabilitation costs
Non-economic Losses
Disfigurement
Anxiety
Physical and emotional disabilities
Depression
Post-Traumatic Stress Disorder
Embarrassment or shame
Relationships are strained
Life isn't as enjoyable as it once was
How Do You Calculate Suffering and Pain?
Even the most serious injuries require evidence of pain and suffering. This can be accomplished in several ways by you and your California Attorney For Personal Injury:
The victim will also speak about the severity and length of their injuries.
The doctor, as well as relatives and friends, would attest to the injured party's sorrow.
In court and during mediation, it is critical to proving that the aggrieved party sought medical care for their pain and suffering.
Although there are no established limits on how much you can claim, the amount of pain and suffering damages granted must be fair or just. The jury is told that there is no defined standard and that they must choose a "reasonable amount" based on their "common sense."
The California legislature has concluded that the state's citizens should decide what "fairness" means. This means that there is no need for a sophisticated legal requirement; all that is required is that it is fair and acceptable. Although apparent approaches have been employed in the past, the lack of a proper guideline leaves a lot of leeway for uncertainty.
Finally, deciding on a "reasonable compensation amount " is highly subjective. It is in the hands of the personal injury attorney and the jury, who happen to be present when the case is being heard.
When An Accident in a Swimming Pool Causes Wrongful Death?
When a spouse or child is killed in a pool accident, the surviving spouse or child is powerless to hold others accountable. That's why there are ways for them to seek accountability.
Surviving family members would be entitled to pursue a wrongful death case to hold those responsible for the disaster accountable.
The following family members may be compensated in a California Wrongful Death Case:
The deceased's spouse
The victim's registered domestic partner
Child of the deceased
if the victim's children are deceased, then the grandchildren will have the right to forward claims
Anyone else who is entitled to the decedent's property under California's succession laws
In a wrongful death lawsuit, damages are used to recompense the family members for their loss. There are monetary as well as non-monetary losses, such as:
The expenses of a funeral
Costs of burial
The family's financial losses as a result of lost profits and potential earnings
Relationships are lost (companionship, support, and affection)
To get the compensation you are entitled to, consult with Top Rated Personal Injury Attorneys In Los Angeles to help you.
In California, are there Damage Caps for Pool Accident Claims?
In some states, the amount of money a personal injury sufferer can obtain in compensation for their losses is limited. "Damage caps" are the terms used to describe these limits. For example, a person's ability to sue for economic damages after an accident is unrestricted in California. All medical bills, lost wages, monetary charges, and other compensatory damages are covered under this scheme.
In most personal injury lawsuits, the amount of compensation that can be claimed for pain and suffering damages is unrestricted (non-economic damages). If you are the victim of an accident, wrongful death, or the survival of a loved one, you have the right to claim as much compensation as you wish.
Contacting a legal team as soon as possible following a pool accident is the right thing to do. At 1000Attorneys.com, you can get referred to a fitting California Attorney For Personal Injury.
You can get a free initial case by submitting case details through our form or our 24/7 Live Chat.
