Have you or someone you love been injured in a San Diego swimming pool accident? Contact San Diego personal injury lawyer Richard Morse to find out how you can recover money for your swimming pool accident injuries. We have over 20 years of combined legal experience and have handled thousands of personal injury cases, including those for injuries caused by swimming pool accidents. We know that the money you receive for your injuries can make a world of difference at this difficult time in your life, so we will fight to make sure that you are fairly compensated. Call today for a free consultation.
Swimming Pool Accidents in San DiegoSan Diego has terrific, warm, and sunny year-round weather. While many San Diego residents and tourists flock to the beach to enjoy the sunshine, others enjoy basking in the sunshine in the comfort of their own backyards. Others enjoy sitting poolside at a local resort or hotel on vacation, watching as the kids splash in the water. While swimming pools can be a great way to beat the heat and have fun for kids, they can pose a serious threat of injury and death. Swimming pool accidents are incredibly common and can inflict life-changing injuries.
Swimming Pool Accident StatisticsAccording to the National Safety Council, there are more than 7,000 drowning deaths and 5,000 drowning injuries in the United States each year. The majority of swimming pool accident and drowning victims are children under the age of 5. Statistics show that a child is 14 times more likely to be killed in a swimming pool accident than a motor vehicle accident. In California, drowning is the leading cause of deaths of children under the age of 14. Sadly, most of these drownings and swimming pool accidents happen in residential and backyard pools.
Swimming Pool Accident CausesWhy are swimming pool accidents so common? What causes so many children and adults each year to suffer swimming pool-related injuries? There are a variety of things that can contribute to or cause a swimming pool accident, including:
- Drinking and
- Unauthorized access to pools;
- Running on wet and slippery surfaces;
- Inability to swim;
- Improper signage;
- Improper water levels;
- Inadequate supervision; and
- Inadequate fencing around the swimming pool area.
Swimming Pool Accident InjuriesSwimming pool and drowning accidents can cause you or your child to suffer serious and life-threatening injuries. Our San Diego personal injury attorneys have helped swimming pool accident victims like you recover compensation for injuries including:
- Broken bones and fractures;
- Traumatic brain injury;
- Spinal cord injury;
- Internal organ damage;
- Chemical burns;
- Lung damage due to water inhalation;
- Paralysis; and
- Wrongful death.
Who is Responsible for Swimming Pool Accidents?
Premises LiabilitySwimming pool accidents generally fall under the umbrella of California’s premises liability law. In California, a property owner can be legally responsible if another person is injured on his/her property. This responsibility extends to injuries caused by a swimming pool. When you or your child is involved a swimming pool accident you may be able to hold the property owner financially responsible for your injuries. Since a swimming pool is a particularly dangerous condition, property owners have an increased obligation to make sure that their property is safe. Fencing, gates, signs, and lights are all great ways to make sure that unwanted guests do not have access to a swimming pool. In most swimming pool accident cases, you will be required to establish that the property owner was negligent in the maintenance and use of their property. In order to do this you will have to prove:
- A condition on the property created an unjustifiable risk of harm;
- The property owner knew, or should have known, about this risk; and
- The property owner failed to make repairs or protect visitors from suffering an injury.
- Private property owners;
- Commercial property owners;
- Apartment complexes and landlords;
- The city of San Diego; and/or
- San Diego County.
Defective ProductsSome swimming pool accidents are not caused by the negligence of a property owner, but rather a defective product. When a ladder breaks, a pump malfunctions, or a floatation device does not work serious injuries can happen. The companies who design, manufacture, and/or sell these products can be held financially responsible for any injuries that occur. If you believe that your swimming pool accident injury was caused by a defective product contact Injury Trial Lawyers, APC for immediate legal assistance.
Damages for Swimming Pool Accident InjuriesSwimming pool accidents can be devastating for you and your family. When you suffer a serious and life-threatening injury or lose a child in a swimming pool accident, you may not know where to turn for financial assistance. Medical bills, time away from work, and funerals can all make a stressful situation a lot worse. Fortunately, you may be able to recover money from the at-fault party by filing a personal injury claim for damages. When you file a personal injury claim in San Diego you can request economic and non-economic damages. Economic damages are awarded to compensate you for verifiable financial losses associated with your injury. Medical expenses, rehabilitation, lost wages, and reduced earning capacity are all commonly requested economic damages in San Diego swimming pool accident cases. Non-economic damages, on the other hand, are awarded to compensate you for subjective and hard-to-value injuries. Pain and suffering, emotional distress, and disfigurement area all commonly requested non-economic damages in San Diego swimming pool accident cases.
Statute of Limitations on Swimming Pool Accident CasesA clock will begin to run the moment a San Diego swimming pool accident happens. This clock, which is known as the statute of limitations, restricts the amount of time you have to file a personal injury claim for damages. If this clock runs out and you have not filed your claim you will be prohibited from getting the money you need and deserve. In most cases, you will have two years to file a claim after your swimming pool accident. The statute of limitations can be extended if certain extenuating factors exist. For example, you may be able to pause and extend the statute of limitations if:
- The at-fault party is unavailable;
- You were a minor at the time of your injury; or
- There was a reasonable delay in the discovery of your injury.