Most people do not think twice about how safe it is to go into a swimming pool. Many parents assume that if their child is a good swimmer, they do not need constant observation in the pool. The truth is that drowning accidents are more common than many people think. Keep reading to determine the facts about these accidents and then contact Law Offices of Michael A. Kahn at (310) 209-1600 if you need a free consultation with a personal injury attorney.
Liability Involving Drowning and Swimming Pool Accidents
In the state of California, if you are injured or if a loved one drowns in a swimming pool, the owner of the home or facility at which the pool was located could be found negligent. If the drowning occurred as the result of a defective product, such as a pool pump, drain, or toy, then the manufacturer, distributor, or seller of the product could be responsible for damages.
What is Negligence?
Of course, the key to these cases is proving negligence, but what exactly does that mean in the world of the law? Negligence refers to a person who does not do what a “reasonable person” would do in the same situation. For example, if someone owns or operates a pool, they have a duty of care to provide a safe environment for everyone who swims at their pool. If they fail to do so, then they may have acted negligently.
Drowning Accidents Are Too Often Caused by Negligent Supervision
When a drowning accident occurs in a pool, it is very often the case of negligent supervision – and it may be that the owner or operator did not have adequate supervision. If that is the case, then they can potentially be found liable for any injuries and therefore responsible for compensating the victims or their families for damages.
Take this example: A person has a pool in their yard and invites several kids from the neighborhood to swim. That person goes inside and takes a nap. If there was a drowning accident or other swimming accident during that nap, then the owner could very well be found liable for not supervising the children in the pool. Why? Because the law holds that the average person would not let unsupervised children swim in their pool. If the accident is at a community pool, it may be that the lifeguard lacked proper training to do the job right.
Whatever the situation is, if you or a loved one has been injured in a swimming or pool accident, contact Law Offices of Michael A. Kahn at (310) 209-1600 to learn what your legal options are.
