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How to File a California Swimming Pool Accident Lawsuit

Southern California is known for its sunshine and warm weather which can be enjoyed year-round. Accordingly, many homes in the Golden State are equipped with swimming pools. And while a backyard pool can be a great source of entertainment for families, it can also pose a significant danger if not properly maintained and/or supervised.

In the sections below, we will take a look at some important swimming pool accident statistics, discuss how to file a claim in the event of an unfortunate injury or tragic fatality, and review why Martinian & Associates is the best choice when searching for a California swimming pool accident attorney.

Swimming Pool Drowning Statistics

The Centers for Disease Control and Prevention (CDC) confirm that drowning is actually the leading cause of death for children in the United States. In fact, in the U.S., more children ages 1–4 die from drowning than any other cause of death except birth defects. Furthermore, for children ages 1–14, drowning is the second leading cause of unintentional injury death after motor vehicle crashes.

The CDC differentiates between fatal and nonfatal drownings when reporting data. Fatal drownings happen when a drowning results in death. Nonfatal drownings occur when a person survives a drowning incident with a “range of outcomes” which can include no injuries to serious injuries or even permanent disability.

In terms of annual drownings, the CDC confirms that from 2010 to 2019:

  • Every year in the U.S. there were an estimated 3,960 fatal unintentional drownings, including boating-related drowning (equating to an average of 11 drowning deaths per day).
  • Every year in the U.S. there were an estimated 8,080 nonfatal drownings (equating to an average of 22 nonfatal drownings per day).

And as the CDC notes, nonfatal drownings often lead to long-term health problems and expensive hospital stays. In terms of nonfatal drowning statistics, the CDC confirms:

  • For every child who dies from drowning, another eight receive emergency department care for non-fatal drowning.
  • More than 40% of drownings treated in emergency departments require hospitalization or transfer for further care (compared with 8% for all unintentional injuries).
  • Drowning injuries can cause brain damage and other serious outcomes, including long-term disability.

What are the Common Causes of Swimming Pool Drownings?

The CDC has identified a number of factors that can increase the chances of a swimming pool drowning occurrence. Some of those factors include:

  • Missing or ineffective fences around a swimming pool: The CDC confirms that a four-sided isolation fence which separates a pool area from the house and yard actually reduces a child’s risk of drowning by 83% compared to three-sided property-line fencing (which encloses the entire yard, but does not separate the pool from the house).
  • Not being able to swim: Participation in formal swimming lessons can reduce the risk of drowning among children and young adults, according to CDC data.
  • Lack of supervision (especially when children are present): Drowning can happen quickly and quietly anywhere there is water, especially to unsupervised children. It happens in lakes and oceans, pools, bathtubs, and even buckets of water, according to the CDC.
  • Location: The CDC notes that among infants under 1 year old, two-thirds of all drownings occur in bathtubs. However, most drownings actually happen in home swimming pools among children ages 1–4.

What are Some Examples of Common Swimming Pool Accident Injuries?

California swimming pool accidents can lead to a range of injuries – and the severity and type can vary significantly. Some common examples of swimming pool accident injuries include:

  • Broken or fractured bones
  • Head trauma
  • Traumatic brain injury (TBI)
  • Brain damage
  • Catastrophic injury
  • Paralysis
  • Quadriplegia
  • Spinal cord injury
  • Lung damage due to water inhalation
  • Death

Swimming pool accident injuries can occur as a result of any number of scenarios. Some of the more common swimming pool accident scenarios include:

  • Diving accidents
  • Slip and falls on wet surfaces
  • Drain entrapments
  • Overcrowding accidents (typically in public pools)
  • Subversion or drowning accidents
  • Design or product defect/liability accidents

What to Do After a Swimming Pool Accident Injury or Death

Regardless of whether a swimming pool accident injury occurs at a private residence, a public pool, or a membership club, the victim has certain rights under California law. In fact, a swimming pool injury due to negligence or carelessness could entitle the injured victim to a substantial cash settlement.

The first step that should always be taken after a swimming pool accident is to seek medical treatment. Attending to one’s health is of utmost importance, and swimming pool injuries are often serious and require immediate attention from a physician. Once treatment has been received, however, it’s best to speak to a personal injury lawyer before taking any other action. Whether it’s dealing with the at-fault swimming pool owner or their insurance company, having an experienced personal injury attorney from Martinian & Associates fighting in your corner can help ensure that your right to maximum financial compensation is protected.

Some of the damages that may be awarded in a California swimming pool accident lawsuit include:

  • Hospital or medical care (past and future) costs
  • Physical therapy or rehabilitation expenses
  • Lost wages or diminished future earning capacity
  • Pain and suffering
  • Emotional or psychological trauma

In instances where a tragic death occurs as a result of a swimming pool accident, the surviving family members may be able to bring a wrongful death claim for damages. Some of the damages that may be awarded in a California wrongful death swimming pool accident lawsuit include:

  • Funeral and burial expenses
  • Loss of gifts
  • Loss of companionship
  • Financial support
  • Medical bills or other expenses incurred
  • Value of any lost benefits (medical, pension, etc.)

How Do I Know if I Can Sue After a California Swimming Pool Accident?

For a personal injury lawsuit to be successful in the event of a swimming pool accident, liability must be demonstrated via a civil claim. In other words, your swimming pool accident attorney will need to prove that the injury sustained by the victim was actually due to fault or negligence on the part of the defendant. Common examples of swimming pool accident lawsuit defendants may include:

  • Swimming pool owners
  • Property managers
  • Swimming pool designers or manufacturers
  • Swimming pool staff members or employees

After a swimming pool accident injury, it’s best to speak with an experienced attorney at Martinian & Associates to determine whether or not negligence was a factor in the incident (and whether a claim for damages can be made). Regardless of the circumstances related to your swimming pool accident, the dedicated personal injury lawyers at Martinian & Associates will fight aggressively on your behalf to obtain justice and recover the maximum allowable financial compensation for your claim.

California’s Best Swimming Pool Accident Injury Attorneys

In California, most victims of swimming pool accidents – whether injuries or fatalities – have two years from the date of the incident to file a civil claim seeking financial compensation. That’s why it’s so important to reach out to the most experienced and proven swimming pool accident lawyers at Martinian & Associates as soon as possible for a free consultation.

When you suffer a swimming pool accident injury, searching for the best law firm to handle your claim can be a daunting challenge. But Martinian & Associates is a leading Los Angles personal injury firm with decades of experience and proven results representing victims in swimming pool accidents, car accidents, wrongful death claims, slip and falls, dog bites, and more. For over 25 years, Tigran Martinian and his dedicated team of personal injury lawyers have been fighting on behalf of injured victims like you, working tirelessly to secure justice through maximum financial compensation.

When it comes to proving a swimming pool accident injury claim, you need an attorney with a significant level of courtroom knowledge, skill, and experience in order to win your case. At-fault parties responsible for swimming pool accident injuries will make every effort to minimize their liability for your injuries. But with the proven team of California swimming pool accident lawyers at Martinian & Associates fighting on your side, you’ll have peace of mind throughout the entire litigation process knowing that your claim is in the best possible hands.

We won’t settle for anything less than the maximum financial compensation you deserve for your swimming pool accident injury. And when you choose the proven team of attorneys at Martinian & Associates, you never have to worry about any upfront fees or out-of-pocket expenses. You pay nothing for the very best swimming pool accident injury representation with Martinian & Associates until after we’ve secured a maximum financial damages award on your behalf.

Call the California swimming pool accident lawyers at Martinian & Associates today at 323-850-1900 or fill out our contact form to learn more about how we can help you get justice for your injury claim.