Why You Should Hire a Pool Drowning Lawyer
When it comes to preventing pool drownings, holding the at-fault parties responsible for the accident is a key step. By holding the at-fault party accountable, you are sending a strong message to other pool owners and lifeguards that lax safety standards will not be tolerated. Additionally, you can force the at-fault party to implement safer policies. By seeking compensation from the at-fault party, you can ensure that others are held accountable for their actions.
Human error is to blame for drownings in pools
Many drownings occur in swimming pools because of negligence. Owners may fail to properly fence off a pool when children are present. Public pools may have untrained lifeguards. A river or lake may be unsafe if underage drinkers are present. By holding negligent parties accountable, you can prevent future drownings. When you file a lawsuit, you send a message to other pool owners and managers that swimming safety is a priority.
Most people assume the problem is the fault of parents. However, it’s far more complicated than that. While many drowning incidents involve heartbroken parents who didn’t pay attention, or who were sure that their child was inside the house, many of them are the result of dangerous defects. While it may seem inappropriate to file a suit for wrongful death, it’s important to ensure that the funds you recover will help you recover and move forward. Often times, drowning victims’ families are the victims of a wrongful death, but often it is the fault of the pool’s manufacturer.
Liability of pool owners
Although not every drowning in a pool is the result of negligence, pool owners are still liable for accidents that occur in and around the water. A proper understanding of pool liability can help you determine if you’re responsible for preventing an accident in the water. A big question in the question of liability is age of the victim. Since most pools are used by children and adults alike, parents are often left with no supervision.
Depending on the laws of your state, a property owner can be held liable for accidents that occur around a swimming pool. If the accident occurs on someone’s property, such as a school, park, or community pool, the pool owner may be held liable for the injuries and deaths of their visitors. Nevertheless, public pool owners are required to adhere to federal and state regulations to avoid liability. This means that owners of these pools must install and maintain appropriate safety equipment in their pools to ensure that guests don’t get injured.
Liability of lifeguards
When a pool accident occurs because of the negligent actions of a lifeguard, the facility owner or lifeguard company may be held liable for the victims’ injuries. This can be done in a personal injury lawsuit in California. A wrongful death lawsuit may also be filed on behalf of the surviving family members of the victim. If the victim was drowned, the family may have a wrongful death claim against the lifeguard company.
The local YMCA hires a lifeguard named Chris. Chris has failed the lifeguard training two times, but the YMCA needs a lifeguard for Thursday night swim classes. Suzanne slips into the deep end of the pool. Chris jumps in to rescue her. However, he fails to pull her out of the water. The YMCA and lifeguard knew that Chris was not certified and had trouble pulling people out of the deep end. If Chris’s actions caused the drowning, then the YMCA and lifeguard are both responsible.
Compensation available to victims
If you or a loved one has been injured in a pool accident, you may be entitled to significant compensation. There are several different types of compensation available to pool drowning victims. In the first instance, you may be eligible to recover damages for your medical bills. Additionally, you may be able to recover for non-economic losses such as pain and suffering. In many cases, an attorney can arrange a favorable pretrial settlement for the drowning victim.
In addition to physical injuries, a victim of a swimming pool accident may suffer traumatic brain injuries. TBI results from prolonged lack of oxygen. These injuries usually require lifelong medical care. TBI effects can range from paralysis to intellectual disability to difficulty learning or reduced sensory perception. Some swimming pool safety defects can result in catastrophic organ damage, which means survivors may need to use a colostomy bag or receive intravenous feeding.