Kids may die as a result of drowning, or suffer from brain damage if they survive a “near drowning.” Anyone may experience a range of injuries while swimming, particularly in a pool, such as broken bones/fractures, traumatic brain injuries, spinal cord injuries, and lacerations. Many of these injuries occur from falling or diving into shallow areas.
If you or a loved one have suffered a swimming pool accident or drowning, the Law Offices of Michael A. Kahn can help. We offer free initial consultations, and never charge a fee unless we recover money for you. Contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule an appointment.
How Drownings May Occur
In California, we are fortunate to live in a climate where we can swim almost year round through much of the state. Many homes have pools, and swimming facilities and other places to swim are plentiful.
While swimming is a great activity, it also presents certain dangers — particularly for kids. Drownings and other types of swimming pool accidents are all too common. Particularly with swimming pools, accidents often happen as a result of:
- A failure to maintain equipment
- Lack of barriers around the pool
- Inadequate supervision
- Failure to provide a safe environment
- Unsafe equipment
Anyone who owns a pool is generally required to follow certain laws to protect others from the hazards associated with pools — particularly children. If you or a loved one has suffered a drowning or other swimming pool accident, a skilled California drowning attorney can advocate for you and help you recover the compensation that you deserve.
Liability for Swimming Pool and Drowning Accidents
In California, if a person is injured or drowns in a swimming pool or another facility, they may be held liable if they were negligent in their behavior. Similarly, if the accident happened because of a defective product, the manufacturer, distributor, or seller of the product may be responsible for the injury or death.
Negligence occurs when a person fails to do what the average person would do in the same situation. A person who owns or operates a pool or another swimming facility has a specific duty of care: to provide a safe environment for people who swim at their facility. When that person fails to provide a safe environment in a way that an average pool owner or operator would, they have acted negligently.
This often happens due to negligent supervision. If a swimming pool accident or drowning occurs, and the owner or operator failed to provide adequate supervision for swimmers, they can be held liable for any injuries. For example, a person has a pool in their backyard and invites the neighborhood kids over to swim, but then goes inside to take a nap. If a child drowns, the owner could be held liable for negligent supervision because the average pool owner would not let children swim in their pool unsupervised. Similarly, if the staff at a pool (such as lifeguards) is not adequately trained and/or certified, there may be an issue of adequate supervision.
There may also be situations where a pool owner or operator is considered “negligent per se” because they have violated laws regarding pools or other swimming facilities. For example, if local regulations require a fence, a lockable gate, and other safety equipment, such as pool drain covers, and a child is injured or drowns due a violation of these rules, then the owner may be consider negligent on this basis.
Where a dangerous or defective product leads to a drowning or pool accident, the manufacturer, distributor or retailer of that product or equipment may be responsible for the person’s injuries or death. This is a type of strict liability, which means that the victim does not have to prove negligence.
Whatever the underlying cause may be, a skilled lawyer can help you build a case for compensation. Starting with an investigation, your attorney will determine liability and advocate for your rights.
Work with a California Drowning Attorney
Drowning and other types of swimming pool accidents can be particularly devastating. A skilled lawyer can help you recover the damages that you deserve for your losses.
The Law Offices of Michael A. Kahn understands the devastation suffered by individuals and families after a drowning or swimming pool accidents. We are here to help. Contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule a free initial appointment with a California drowning attorney.
