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Nationwide, unintentional drownings are the leading cause of death for children between 1 and...
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A quick dip in a pool is one of the easiest and most popular forms of recreation in California. A trip to a waterpark might be the highlight of the year. These activities are also among the most dangerous kinds of recreation in California. According to the CDC, drowning is the leading cause of death for children aged 1-4, and the fifth highest cause of unintentional injury deaths in the U.S. Drowning and other incidents instantly transform a cherished memory into an unimaginable tragedy.
As little as five minutes under the waves usually causes brain hypoxia (lack of oxygen). If that happens, the brain rapidly shuts down parts of the body to cope with the lack of oxygen. Once organs go offline in this way, they’re permanently gone. Other kinds of swimming pool injuries, such as poisonings, falls, and chemical burns, usually cause serious injuries as well.
At the Law Offices of Eslamboly Hakim, we understand the grief and financial challenges of such accidents. With over twenty years of experience in swimming pool injury litigation, our team of California swimming pool accident lawyers is dedicated to helping you seek justice for your injuries and losses. We use an aggressive litigation approach to protect your rights. Reach out to us now for a free consultation.
Like most other injury accidents, swimming pool injuries are almost 100 percent preventable. State and local laws and rules establish pool safety standards. However, slippery surfaces, lack of supervision, and defective pool equipment often lead to serious injuries. When pool owners negligently choose profit or convenience over personal safety, a Swimming Pool Accident Attorney holds owners responsible for the damages they cause.
Lack of Supervision
Inadequate Fencing
Slippery Surfaces
Diving Accidents
Electrocution
Chemical Accidents
Ordinary negligence and negligence per se are the two legal theories that a Swimming Pool Accident Lawyer typically uses to obtain compensation for victims. Ordinary negligence is a lack of ordinary care. A premises liability ordinary care case has four basic elements in California:
Duty
In California, a property owner’s duty of care depends on factors like property type, visitor likelihood, risk of injury, cost of prevention, and awareness of hazards. Owners are generally expected to actively ensure safety.
Breach
A breach occurs when pool owners fail to meet safety standards, whether set by law or guided by common sense, such as recognizing the dangers posed by an unprotected pool.
Cause
An attorney can pursue compensation if the breach substantially and foreseeably caused the injury—meaning the harm was both serious and reasonably predictable.
Damage
Victims must usually suffer a physical injury to recover damages for medical costs and pain and suffering, though exceptions like emotional distress may apply in rare cases.
Negligence per se is a safety law violation that substantially causes injury. The Swimming Pool Safety Act requires pool owners to implement at least two drowning prevention safety features in California. These features can include a protective enclosure, a self-closing, self-latching gate, a safety pool cover, alarms, or a self-closing, self-latching door between the pool and the home.
Local municipalities often impose additional rules, such as the proper use of pool cleaning chemicals and fall preventative measures around a pool.
Specific Injuries
We mentioned the four major kinds of swimming pool injuries (drownings, falls, poisonings, and burns) above. These serious injuries merit additional explanation.
Poorly-maintained pool equipment often causes drownings. Malfunctioning drains create invisible riprides that suck swimmers under the water. Decks and other surfaces are usually wet and usually offer poor footing. If the chemical cleaner level is too low, dangerous bacteria grows and multiplies. If the level is too high, it causes chemical burns.
If you or a loved one was injured in a fatal or nonfatal swimming pool accident, make sure you reach out to the experienced Los Angeles personal injury lawyers at the Law Offices of Eslamboly Hakim for help. With 24/7 availability and no win, no fee policy, we help victims focus on recovering and healing. Get a free consultation today.
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A jury will soon her testimony in a case that could affect the legal...