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 Diego
San 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 Statistics
According 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 Causes
Why 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 Injuries
Swimming 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?
Swimming 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.
When you file a swimming pool accident claim you may be able to name any of the following parties as defendants:
- Private property owners;
- Commercial property owners;
- Apartment complexes and landlords;
- The city of San Diego; and/or
- San Diego County.
Some 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 Injuries
Swimming 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 Cases
A 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.
What to Do After a San Diego Swimming Pool Accident
When you or your child are injured in a swimming pool accident it can be a very scary time. You may be solely focused on making sure that you and your loved ones are safe, and not thinking about how you will pay the lofty medical bills you are sure to receive. However, it is important to know that the things you do and the decisions you make immediately after your accident will affect any future claims. Here are a few things to keep in mind if you are involved in a San Diego swimming pool accident.
Make sure everyone is safe. Check everyone who was involved in the accident to make sure that they are okay. Do a headcount to make sure everyone is accounted for. The health and safety of your family should be your number one priority.
Get medical help. Many swimming pool accident injuries are obvious. However, others can linger beneath the surface and pose a threat to your health in the future. See a doctor to make sure that all of your injuries are diagnosed and treated. The report that is generated from this visit will be helpful as evidence in the future.
Document the accident. Take photographs. Write down witness statements and information. Record weather conditions. Note any interesting details or evidence that may be relevant to a future claim for damages.
Refuse early settlement offers. At-fault parties and/or their insurance companies may be quick to offer you a financial settlement after your accident. However, the amount they offer will not be enough to fully compensate you for your injuries. Resist the urge to accept the offer and call an attorney, instead.
Call a lawyer. Hiring a lawyer will ensure that you are properly compensated for your San Diego swimming pool accident injuries. We know how to handle sneaky and dishonest insurance companies who are only looking out for their bottom line. Using our years of legal experience, we will negotiate a fair settlement in your case. If you are not satisfied with the offers you receive we will take your case to court.
San Diego Swimming Pool Accident Attorneys
Have you been injured in a San Diego swimming pool accident? Has your child suffer a serious injury or been killed because of a swimming pool accident? Contact Injury Trial Lawyers, APC today to learn about how you can demand compensation from the responsible party. We have more than three decades of legal experience and know how to get the most out of your swimming pool accident claim. We know that the money you receive can make or break your recovery, so we will fight to make sure that you are properly compensated for your injuries. Call our San Diego swimming pool accident attorneys today to schedule a free consultation. We will review your case, determine liability, and answer any questions you have.