Young children drowning in a swimming pool is one of the most common types of cases our swimming pool accident lawyers handle. Oftentimes, we notice that in many of these cases, young children are left unsupervised in an area with no proper fencing or barriers. This is a dangerous situation that has led to children sustaining serious or fatal injuries.
If you or a loved one was injured in a swimming pool accident, our swimming pool accident lawyers at West Coast Trial Lawyers are readily available to offer legal assistance. We have more than 100 years of collective legal experience in handling premises liability cases and are confident that we will get you the compensation you deserve for any damages or losses caused by the swimming pool accident.
To schedule a free case evaluation with one of our top-rated swimming pool accident lawyers, we welcome you to contact our 24/7 legal team by calling (213) 927-3700 or completing our quick contact form located on the right side and bottom of the page.
What to Do After a Swimming Pool Accident
Drowning is a terrifying experience that can result in the victim feeling dismayed or traumatized. Although it can be difficult to act immediately after such an incident, we encourage drowning victims to perform the following to better your chances of getting awarded the compensation you deserve.
Contact the Police
If you or a loved one suffered from injuries after a swimming pool drowning accident, you or someone nearby should contact the local authorities as soon as possible. The police will arrive at the accident scene to conduct an official police report. You may use this report as proof that you did, in fact, sustain injuries from drowning.
Paramedics may also arrive at the accident scene to administer medical attention. If your injuries appear moderate or severe, you will be transported to the hospital to receive further medical treatment.
Seek Medical Attention
Drowning can cause serious injuries, especially to the brain. It would be in your best interest to get yourself examined by your doctor, especially one that specializes in neurology. They will run some procedures to detect any serious injuries. If you are given a diagnosis, your doctor will explain what the treatment plan will be to help with your recovery.
Any doctor visits, procedures, or prescriptions relating to the swimming pool accident will be documented and saved on file. You may ask to receive a copy of your medical records to use as proof that you sustained injuries from drowning and will be needing medical assistance to help with your healing process.
Document Evidence
If anyone witnessed your swimming pool accident, you should get their consent to obtain their contact information. A witness testimony will greatly help support your premises liability claim. You should also take pictures or video footage of the accident scene and any defective products that may have contributed to the cause of your injuries. Additional other pieces of information you should include in your premises liability claim are:
- Notes of any conversations you had with the witnesses, police officers, or paramedics.
- Your perspective on what happened before, during, and after the event took place. Do not forget to include the date and time of when the swimming pool accident occurred.
- The name of the pool owner.
- Lack of warning signs.
- Medical records relating to the swimming pool accident.
Hire a Swimming Pool Accident Lawyer
It is understandable not to think about legal issues soon after being involved in a swimming pool accident, but a swimming pool accident lawyer can help protect your legal rights during this challenging time.
Soon after a drowning occurs, the negligent party will likely contact their insurance provider. These insurance companies have adjusters, investigators, and lawyers whose primary objective is to minimize liability and offer you the lowest settlement offer possible. A swimming pool accident lawyer will aggressively negotiate with the insurance company to ensure you are granted compensation that is worth the value of your case.
Who Can Be Held Liable for a Swimming Pool Accident?
A pool owner is required to provide a duty of care to those who are swimming in or are near their pool. If they fail to provide adequate warnings to the swimmers or visitors about foreseeable hazards present in the area, they will be held liable for any injuries that were caused by their negligence. Trespassers are the only ones excluded from being given a duty of care since they are committing illegal actions by entering someone’s property without being given the approval to do so.
Other additional factors that could leave a pool owner liable for injuries may include the following:
- Lack of proper supervision or lifeguards.
- Faulty emergency safety equipment.
- No warning signs to inform swimmers about the shallowness of the pool.
- Not notifying the swimmers about any hidden obstructions in the pool.
Pool owners are not always found liable for injuries that occur in or near their pool. In some cases, the pool owner will have warning signs, such as “NO DIVING,” placed near the pool for swimmers and visitors to notice. However, some may choose to ignore the pool owner’s signs or announcements and proceed to do as they please. Under this circumstance, the pool owner will not face legal consequences as they did their part in providing adequate warning signs to prevent foreseeable harm from occurring on their premises.
Children Involved in Swimming Pool Accidents
A pool owner is required to keep the pool safe from children who cannot comprehend nor understand the dangers of drowning. They will be expected to set up a fence that surrounds the pool to prevent children from easily accessing the area. Unfortunately, there have been cases where a pool owner has failed to construct a barrier or have no proper supervision near the pool, which has ultimately resulted in a child getting injured or killed from drowning.
According to the U.S. Consumer Product Safety Commission (CPSC), over hundreds of children die from drowning in a pool or hot tub each year. It is one of the leading causes of death for children who are 1 to 4 years old.
From 2017 to 2019, an average of 389 drowning deaths involved children who were under 15 years old. Nonfatal drowning cases from the same age group increased from 5,800 in 2020 to 6,800 in 2022.
- 73 percent of fatal drowning cases involved children who were under 5 years old.
- 80 percent of children who were treated in the ER for nonfatal drowning injuries were under 5 years old. 73 percent of these cases took place at a home.
- About two-thirds of fatal drownings occurred at home.
How to Prevent Children From Drowning
To reduce the likelihood of children drowning in a swimming pool or hot tub, the CPSC created a list of helpful tips that they encourage all parents and pool owners to follow.
- Do not leave a child unsupervised in or near a body of water.
- Set up fencing to prevent children from getting into the pool or hot tub without supervision.
- Learn how to perform CPR or make sure that someone who knows how to perform CPR is present when a child is in or near a swimming pool.
- Learn how to swim well and make sure your child also develops the ability to swim safely in a pool.
- Ensure your pool has drain covers that follow the U.S. federal safety standards.
Wrongful Death and Swimming Pool Accidents
Unfortunately, many drowning accidents result in death. The victim’s surviving family members may pursue legal action against the party at-fault to recover compensation for their losses. Surviving family members who are given the legal right to file a wrongful death claim include the following:
- Spouse,
- Children,
- Grandchildren,
- Putative spouse,
- Children of the decedent’s putative spouse,
- Stepchildren,
- Parents or legal guardians, or
- Those who would be entitled to the property of the decedent in accordance with intestate succession laws.
To prove wrongful death, you will be required to provide evidence of the opposing party committing negligence and how it caused you to lose your loved one. The elements of negligence that should be mentioned in your wrongful death lawsuit include the following:
- The defendant owed the deceased victim a duty of care,
- The defendant breached their duty of care, and
- The defendant’s negligent actions resulted in the victim’s death.
Having an expert swimming pool accident lawyer on your side will help make the process of filing a wrongful death claim less stressful. While they handle all of the difficult tasks, you will rightfully be given the time that you deserve to cope with the loss of your loved one.
