Swimming Accident: What to Know Before Filing a Lawsuit

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Swimming Accident: What to Know Before Filing a Lawsuit2021-07-29T07:30:42+00:00

Swimming Accident: What to Know Before Filing a Lawsuit

Top-Rated Swimming Pool Accidents Attorney in LA

Swimming Accident: What to Know Before Filing a LawsuitRoughly ten people die in a drowning accident every day. Of the ten victims, two are kids aged 14 and younger according to the Centers for Disease Control and Prevention (CDC). This is an alarming statistic that affects families across the U.S. each year. Of this horrendous statistic, another five kids seek emergency treatment for non-fatal drowning injuries. Under most circumstances, children are impacted by swimming pool accidents the most, especially when there is inadequate supervision. Going through this type of senseless tragedy or recovering from an accident can be difficult enough without trying to navigate through the legal challenges. David Grey, a highly-trained personal injury attorney in Los Angeles has experience handling pool accident claims.

What Is a Swimming Pool Injury Lawsuit?
A swimming pool injury lawsuit is a type of personal injury claim that you can file against a negligent owner or pool manager. Although, more times than not families file a wrongful death suit on behalf of their loved ones.

When you build your case with an injury lawyer in LA they will determine how much your case is worth. Like other accidents, pool-related injuries can cause serious and long-term damage to your health. Although winning a pool litigation claim in court will not relieve the suffering or making the experience any you endured better, you can receive damages to ease the financial burden. At Grey Law, we will hold the pool owner accountable for their actions, and seek compensation for your:

  • Pain and suffering,
  • Medical expenses,
  • Inability to work (lost wages).

If you lost your significant other, you may also seek compensation for “loss of consortium.” Keep in mind recovering through California’s “Loss of Consortium” Law does not entitle you to recover economic damages like lost income or medical coverage.

How is Liability Different with Private and Public Swimming Pools?

Before you file a swimming pool injury lawsuit you should know the type of swimming pool where your injury occurred.

Private Swimming Pools – located on private property, owned and maintained by the holder of the premises.
Personal injury lawsuits for injuries sustained in private pools are filed by the victim against the owner of the pool. Normally, the owner will have liability coverage under their homeowner’s insurance to pay for expenses if a guest is injured at the pool. Across the U.S. liability protection is a standard part of the policy, but having a pool increases one’s liability risk, according to Allstate.

Victims should expect an owner to have around $100,000 in coverage (if they have homeowner’s insurance), outside of their insurance company. An attorney will argue that the owner had a responsibility to ensure the safety of visitors but failed to uphold this responsibility.

Public Swimming Pools – located on public property, owned and maintained by the local government or one of its agencies.
Public swimming pool accidents are slightly complicated compared to private pools because allegations are filed against public entities. Lawsuits directly recover compensation from the local government, as opposed to an individual owner. Although you may still be able to file a claim against them directly under certain circumstances. Because there are numerous factors involved, it is best to have a public pool injury attorney in LA manage your case.

The type of swimming pool will not significantly impact your case, but it will modify how a pool accident lawyer in LA moves forward with the lawsuit.

Liability in California
In California, property owners must keep their swimming pool in a reasonably safe condition. Specifically, the California Pool Safety Act addresses owners need to meet at least two of the following requirements:

  • Install a fence-style pool enclosure that is either self-closing, has a latch, or inability for children to climb over.
  • Have an automatic or manual pool cover that supports 485 pounds and adequately drains.
  • Loud exit or entrance alarms near the pool area to indicate when people are near the pool.

The way most states determine if the pool and premises were properly maintained and safe, is whether it was adequately prepared for the type of visitor. There are three types of visitors’ owners must be aware of.

Trespassers – those who are on the property without permission or invitation.

Licensees – those who are on the property for their own purpose, with implied consent from the owner.

Invitees – those, like yourself, who may be on the property with an invitation for the owner’s financial gain.

California differs slightly. Premises liability law does not merely rely on the categories previously listed. Instead, the court will look at all the circumstances, including the visitors’ intent. A Los Angeles attorney for inground pool accidents will make sure to pinpoint how the property owner failed to keep you safe upon your arrival and while swimming.

Special Rules for Children Trespassers
Can young victims be considered trespassers under premises liability laws? In California, the court also takes the age and maturity level of a child into consideration, to determine the property owner’s liability. The rule that corresponds with this type of claim is the “attractive nuisance doctrine.” Under this ruling, owners are liable for injured children whether they trespassed onto the property. It carries significant weight in a lawsuit, which is beneficial for injured plaintiffs.

Why Choose Grey Law for Swimming-Pool Accidents?
“When it comes to getting you more, I won’t settle for less.” – David Grey

Proving a public swimming pool accident is not easy. In many circumstances, there may be several liabilities involved when you file your claim. Swimming pool accidents can be life-threatening and result in death when left untreated. Hiring a pool accident lawyer in Los Angeles will make a significant difference. When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you.

Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at 323-768-0497 or email info@greylaw.com.

Contact a Los Angeles Swimming Pool Accident Attorney

If you or a loved one was injured or killed in a swimming pool accident due to the negligence of another, then you may be eligible for compensation to cover any costs incurred due to this incident. At Grey Law, we understand how difficult it can be to deal with the repercussions of a swimming pool accident, which is why we urge you to get in contact with us so we can help you every step of the way.

Our team will do whatever it takes to make sure that the property owner is held responsible for your injuries. Medical expenses, pain and suffering, lost wages, and so much more can easily add on to your expenses stemmed from the accident. It should not be your responsibility to have to deal with the consequences on your own.

At Grey Law, we have acquired millions for our clients over the years and we have an abundance of experience that we are extremely proud of. We take pride in representing victims of personal injury cases of all kinds, including swimming pool accidents. We specialize in swimming pool accident cases and will make sure that our clients get the justice and compensation they deserve for their losses.

To learn more about how we can help you, feel free to contact our office any time to speak to a Los Angeles swimming pool accident lawyer.

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