Oftentimes, many of us take a vacation, or even a staycation, to somewhere nearby where we can just rest and lay next to a hotel pool. But what happens if you were injured near the hotel pool? Could you file a lawsuit against the hotel? What if there were multiple parties involved? These are common questions we receive from many of our clients that have been injured next to swimming pools and water slides.
Our California and Nevada personal injury attorneys have had decades of experience representing clients who have been injured in swimming pool and water slide accidents. This is especially common in western states, such as California, where we are lucky enough to have mild weather all year round. This allows us to enjoy the pool 365 days a year. Almost all California hotels have pools available all year round for their guests. But what happens if you have been injured by the pool?
Our swimming pool injury attorneys believe that no person should have to suffer through injuries without being compensated. Our swimming pool injury attorneys represent victims who have been injured and are seeking compensation for their injuries. We work hard to make sure that you receive maximum compensation for your swimming pool injuries.
What is a Swimming Pool Injury Lawsuit?
Swimming pool injuries can occur anywhere. For example, they could occur at apartment complexes, hotels, rental homes, amusement parks, etc. Swimming pools and water slide injuries are very common in California, with many of them being drownings. If you or a loved one has been injured in or near a swimming pool or water slide, contact our California and Nevada personal injuries today to see how you can seek maximum compensation for your injuries. We offer free no risk consultations where we will review your swimming pool injury claim.
What Are Common Swimming Pool Injuries?
Swimming pool injuries could lead to very severe injuries, including:
- Slip and fall accident
- Diving board accidents
- Broken bones
- Traumatic brain injury
- Spinal cord injury
This isn’t an exhaustive list, there are still many other injuries that are not stated above. If you have been injured by any of these means, contact us today.
Swimming Pool Injury Statistics in California
- Drowning is the leading cause of injury related deaths among children under the age of five
- Near drowning incidents almost always result in lifelong disabilities
- Children are most likely to drown in a swimming pool at a home rather than in a public area
- Every year, around 30 children die from drowning in California
What Types of Defenses Could Be Used in Swimming Pool Accident Lawsuits?
There are common defenses that swimming pool owners could raise when they are being sued for a swimming pool injury. The swimming pool owner will try to downplay their liability as much as possible to show that the injured plaintiff was liable for their own injuries. California and Nevada follow a comparative fault rule, which means that plaintiff will get a reduced amount of damages based on their liability. That’s why it is important to hire an experienced attorney that could anticipate future defenses that the other side will raise against the plaintiff.
For example, the plaintiff suffered a slip and fall accident near a pool and filed a lawsuit against the defendant. It has been determined that the plaintiff was 30% liable, and the damages sought are $100,000. That means the plaintiff will only be able to collect $70,000 from the defendant.
What Are the Different Damages I Could Receive From a Swimming Pool Accident?
In California and Nevada personal injury cases for swimming pool accidents, the plaintiff could recover:
- Economic damages: these are monetary damages that could be calculated easily. This includes damages such as medical bills, and lost wages.
- Non-economic damages: these damages are not referred to a specific dollar amount, and includes trauma such as pain and suffering and depression.
- Punitive damages: these are damages that the court will try to make an example out of defendant. This occurs only if defendant has been acting with an evil motive. California and Nevada only find punitive damages in very rare incidents.
Who is Liable for a Swimming Pool Accident Injury?
There could be multiple parties that could be held liable in a swimming pool accident Injury. Both California and Nevada have laws in place that swimming pool owners have a duty to their guests to make sure the swimming pool is properly secured. This includes making sure that the swimming pool does not pose a dangerous risk to visitors. This includes both customers and visitors such as family and friends. Other defendants include landowners, swimming pool owners, amusement park companies, apartment complexes owners, etc.
In order to determine who the potential defendant could be in your case, contact our attorneys today to review your case. Each case has different facts, and so our attorneys provide individualized attention to your swimming pool injury lawsuit.
What if a Trespasser Was Injured by a Swimming Pool?
California has several rules in place that potentially are against trespassers who are injured by swimming pools. For example, if you are on someone’s property unlawfully, you most likely will not have a claim against the landowner for any injuries you have sustained since you intended to go onto someone else’s property.
When Should I File a Swimming Pool Injury Lawsuit?
Each state has a different statute of limitations in place that govern when a plaintiff could bring their lawsuit to court. If plaintiff brings their lawsuit to court too late, they could risk having their claim entirely dismissed. California’s statute of limitations states that the time period for bringing a swimming pool injury claim is 2 years from the date of the injury.
However, if the case is brought against a government entity, such as the Parks and Recreation Department that is in charge of the swimming pool, you may only have 6 months to file the case. That is why it is important to immediately contact a swimming pool accident injury attorney.
How to Prevent Swimming Pool Accidents
According to the Drowning Prevention Foundation, there are many steps that landowners and apartment complex associations could take in order to prevent swimming pool accidents. This includes:
- Having a fence around the pool, and making sure it is locked overnight
- Having seminars to teach kids survival swimming skills
- Having seminars to teach adults CPR
- Having a phone nearby the pool to call 911 in case of emergencies
- Having an automatic or manual pool cover
- Having adequate drains so that no water can pile up into puddles near the pool
- Having a labeled exit
Contact a Swimming Pool Injury Lawyer Today
Contact our experienced California swimming pool injury lawyers today for a free consultation to determine whether you have a valid legal claim.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.