Swimming pool accidents can be catastrophic for victims and their families. These accidents can result in near drownings, lack of oxygen to the brain, broken bones, death, and other serious consequences. The Miller & Steele Law Firm can help you navigate the complexities of bringing a personal injury or Carlsbad wrongful death claim against the negligent parties that caused your or your loved one’s injury or death.
Common Causes of Swimming Pool Accidents
Swimming pool accidents can occur for various reasons, with pool owner negligence leading them. Swimming pool owners and operators are responsible for following relevant laws, properly maintaining their pools and surrounding property, and regularly inspecting the swimming pool and equipment for possible issues.
Some of the leading causes of swimming pool accidents in Carlsbad include:
- No fence or barriers: Barriers can help prevent children and trespassers from coming onto property where a swimming pool is present and unmonitored.
- Lack of supervision: If there is no lifeguard on duty, this information should be communicated clearly and conspicuously to visitors. Public pools should maintain the required staff-to-swimmer ratio to prevent drownings or other injuries from occurring.
- Improperly trained staff: It’s not enough to have a lifeguard on duty. It’s essential that the lifeguard has the necessary training to intervene if an emergency arises. Negligent hiring, failing to check backgrounds, or improper screening can lead to unsafe hiring decisions.
- Improper pool maintenance: If pools are not properly maintained, they can harbor bacteria in them that can adversely affect victims’ health. Physical hazards, such as broken pavement, worn diving boards, cracks in the tile, or loose wooden planks can also pose a danger to visitors.
- Unsafe drains: Children and even older people can become trapped underwater due to powerful suction in drains. This can cause drownings or serious injuries.
- Missing or incorrect signage: Pool owners must warn guests of dangers of swimming at the facility, including notifying them whether there is a lifeguard on duty and their hours, unsafe diving areas, and pool depths. Pools should also clearly list their rules, such as no running by the pool.
Who Is Responsible for a Swimming Pool Accident?
In California, various parties could be responsible for swimming pools. Depending on the circumstances, the following parties could be held liable for a swimming pool accident:
- Private home owners
- Property owners’ associations
- Apartment complexes
- Property management companies
- Governmental entities
Possible Compensation You Can Recover After a Swimming Pool Accident
Under the California Swimming Pool Safety Act, property owners or other responsible parties who do not adhere to safety requirements could be liable for a victim’s injuries. Through a legal claim, the victim or their family could recover compensation for:
- Medical expenses
- Burial costs and funeral expenses for a wrongful death
- Lost wages
- Reduced earning capacity
- Permanent disability and impairments
- Pain and suffering
- Emotional trauma
Get Help from an Experienced Swimming Pool Accident Attorney
If you lost a loved one or were injured in a swimming pool accident, call The Miller & Steele Law Firm at (760) 840-5221 or contact us online to schedule a free consultation.