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Who’s to Blame For California Swimming Pool Accidents?
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Who’s to Blame For California Swimming Pool Accidents?

| May 11, 2019 | Uncategorized |

With the approach of Memorial Day, more and more homeowners are opening their pools and getting ready for the summer swimming season. Swimming pools can be a lot of fun, but they also hold a lot of liability for their owners if someone is hurt in a slip and fall accident poolside, is injured when they nearly drown, or in a worst-case scenario, actually dies from drowning. Unintentional drowning deaths are the fifth-leading cause of unintentional death in the U.S.

If you have been injured due to the negligence of a pool owner, contact the Hayes Law Firm right away. Our Montebello premises liability attorney can help you determine the validity of any claim you may have against the at-fault party.

Statistics on Drowning and Near-Drowning

The Centers for Disease Control and Prevention (CDC) says that there was an average of 10 deaths per day across the U.S. in the years 2005 through 2014—or around 3,500 deaths per year—due to drowning. One out of five people who die from drowning are age 14 and under, and for every child who dies from drowning, five more receive nonfatal submersion (near-drowning) injuries in the ER.

Half of all drowning victims that are seen in ERs around the country require additional care. Oftentimes, victims of nonfatal submersion sustain severe brain injuries that can lead to lifelong impairments, disabilities and deficits. This can include memory problems, learning problems, and even loss of basic brain functioning that leaves them in a vegetative condition says the CDC.

The highest rates of drowning occur among children ages 1 through 4. In fact, one-third of children in this age group that died from unintentional injury in 2014 died from drowning. Most drownings occur in home swimming pools. Drowning is the second-leading cause of unintentional injury in children ages 1 through 14, surpassed only by death due to motor vehicle accidents.

Swimming Pool Accident Liability

Under the concept of premises liability, pool owners owe people who are invited onto their property due diligence to keep them from harm. Pool owners who fail to keep their pools (decks, so on) safe for others are risking liability when an injury occurs. While trespassers to a pool area are not owed this same duty of care, pools are an exception when it comes to young children who may lack the capacity to understand danger and may be attracted to the pool. For this reason, property owners must take care to keep the pool unenterable by children who may wander into the backyard—usually accomplished easily enough with a fence.

Next Steps

If you have been injured due to the negligence of a pool owner—either at a home pool or a community or municipal pool—you may have grounds to file a claim for your damages. Reach out to the Hayes Law Firm and our Montebello premises liability attorney to discuss your case in greater detail. Dial 323-477-1415 or set up a free case consultation today.