In What Types Of Pools Do Most Swimming Pool Drownings Occur?
Swimming pools can be found all over Orange County. Some are located at apartments and hotels, some can be found on government property, while others have homes on private land. Statistics show that most drownings occur at private swimming pools. In fact, 75% of all drownings of kids under the age of 15 occur at home or at a neighbor’s house. The type of pool a family has installed at their home does affect the chances of drowning. Above-ground pools account for 19% of swimming pool deaths and portable inflatable pools account for 99%.
What Are The Main Causes Of Swimming Pool Accidents?
Commonly cited causes of swimming pool accidents and injuries include:
- Slippery conditions
- Unsupervised children who are playing in and around pools
- Unsafe pool drains and filters
- Debris and hazards around the pool
- Swimming without a lifeguard present
- Faulty or inadequate fencing
- Lack of swimming skill and knowledge
- Lack of warning signs
- Defective safety equipment
- Swimming while intoxicated
- Distracted parents
What Are Common Swimming Pool Accident Injuries?
Swimming pool accidents can cause a victim to suffer a wide range of injuries. At the Law Offices of John Rapillo, our attorneys have helped swimming pool accident victims recover compensation for injuries, including:
- Internal organ damage
- Lung and breathing disorders
- Brain injury
- Spinal cord injury
- Paralysis (including paraplegia and quadriplegia)
- Wrongful death
Injuries can affect swimming pool accident victims for the rest of their lives. If someone else is responsible for the accident, it is important to hold them accountable. The money you recover from a personal injury lawsuit can help to relieve the financial stress of the traumatic event.
Who Can I Hold Responsible For My Swimming Pool Accident Injuries?
The answer depends on what caused the accident in the first place.
Did your swimming pool accident happen while you were a guest on another person’s property? You may be able to hold the owner responsible for your swimming pool accident injuries.
In California, property owners have an obligation to make sure that the premises are safe for guests. In order to fulfill this obligation, landowners must fix any known hazards and warn about any known dangers. When someone has a pool on their land, they must take certain steps to ensure it will not harm guests. These steps can include:
- Surrounding the pool by a fence and gate
- Posting warning signs
- Making sure the pool is in proper working order
If a property owner is negligent in the maintenance or upkeep of the pool (and/or surrounding areas), they can be liable for injuries.
Sometimes swimming pool accidents happen because the pool, pool devices and/or safety equipment are defective. In California, companies that design, manufacture and sell goods must ensure that the products they put on the market are safe. Defective products that could cause or aggravate a swimming pool accident include:
- Safety floats and devices
- Pool toys
- Swimming pool structures
- Pool pumps and drains
- Diving boards
- Pool heaters
- Pool chemicals
If your swimming pool accident involved a defective product, you may have grounds to file a product liability lawsuit. In many cases, you will not have to prove that the company that put the product on the market was negligent. Instead, you’ll just have to show that the defective product played a significant role in your injury. Defects can exist because of design, manufacturing or inadequate warnings.
Statute Of Limitations
It is important to act quickly if you have suffered a swimming pool accident injury in Orange County. California limits the amount of time to you have a file a legal claim. You only have two years from the date of your accident to pursue damages. You won’t be able to recover the money you deserve if you don’t file your claim before the statute of limitations expires.
What If I Share Fault For My Swimming Pool Accident?
Try not to worry if you share some of the blame for your swimming pool accident. In California, fault is not a bar to recovery. You can recover some compensation as long as someone else is also at fault. It is important to understand that the amount of money you can recover will depend on how much fault you share. This is why it is so important to speak with an attorney after your accident. Our Orange County personal injury lawyers will thoroughly investigate your accident and find evidence that shows others are to blame. The less fault you share, the more money you can recover.
When Should I Hire A Lawyer For A Pool Accident?
Contacting an experienced personal injury lawyer immediately after your swimming pool accident can help to ensure that your claim is filed on time. At the Law Offices of John Rapillo, our lawyers will make sure that your ability to recover compensation isn’t prohibited because of a legal technicality. Call us today at 949-652-2604 to schedule a free consultation and learn more.