There is no greater feeling than diving into a pool on a hot summer afternoon. Swimming is one of the best ways to beat the heat. People often head to city pools, neighborhood pools, beaches, water parks and lakes during the summer. People float, wade, swim or dive; they attend pool parties or engage in watersports for exercise or recreation. However, this euphoric feeling can quickly turn to dread if someone is hurt or drowns while swimming or playing in the water.
The Centers for Disease Control and Prevention (CDC) estimates that ten people die daily from unintentional drowning. Males, children under four, and African Americans are most at risk to die from an unintentional drowning. According to the government agency, more than half of people who are in near-drowning accidents and treated in emergency rooms are either hospitalized or moved for additional treatment. People who survive near-drowning accidents may sustain traumatic brain injuries, which can result in long-term disabilities. They may have permanent memory problems and learning disabilities. In some cases, they fall into a permanent vegetative state.
Responsibilities of Pool Owners
Factors that could increase the risk of a drowning accident include:
- Inability to swim
- No barriers to stop people from accessing the pool
- Lack of close supervision while swimming
- Drinking alcoholic beverages by swimmers
- Not wearing life jackets
In California, as a guest on the property, you are entitled to certain rights to ensure your safety for the duration of your visit. Ultimately it is the responsibility of the pool owner to guarantee safety for all patrons or guests.
Some of the preventive measures pool owners should take at home include installing four-sided fencing that separates the pool area from the yard, clearing the pool and deck of toys so children are not tempted to jump in the pool to get toys, learning CPR, prohibiting alcohol consumption before and during swimming, and hiring a lifeguard to assist with supervision of swimmers for pool parties or events.
Liability For Pool Accidents When Owner Is Away
Many people mistakenly believe they are only responsible for supervising their own children and guests they have invited to their home to go swimming. This is not the case in California. If someone is hurt or drowns in your pool while you are away, even if that person was never invited, you could still be liable for any injuries or death. Many times a pool owner is liable for an injury or death at his or her pool because he or she failed to take safety measures or provide pool equipment warnings.
Legal Representation For Pool Or Drowning Accidents
If you or your child has suffered an injury at a swimming pool, you may be entitled to compensation for your injuries. A lifeguard who fails to pay attention or a pool with damage may result in injuries - and the pool owner will be liable. Compensation includes medical expenses, rehabilitative care, lost wages, loss of consortium, pain and suffering and mental anguish. Do not hesitate to contact The Law Offices of Brian Brandt. Contact our Rancho Cucamonga, Upland or San Clemente office today for your initial free consultation.