Even though losing a family member in a swimming pool accident is a nightmare in and of itself, dealing with the emotional and legal fallout can be even more difficult. It would be best if you immediately got in touch with a prescreened Los Angeles wrongful death lawyer who can assist with your swimming pool drowning case.
The accident's specific circumstances will determine whether or not there is a question of liability. The most significant factors are the location and the ownership of the pool.
Let's discuss the causes, liabilities, and possible legal actions for swimming pool accidents in California:
Establishing Wrongful Death Claims For Drowning Accidents In California
A property owner is liable for injuries and deaths that result from a dangerous or hazardous condition on the property that the owner knew about or should have known about.
Swimming pool drowning accidents fall under premises liability claims. Who the responsible property depends on who has been negligent and caused the accident.
Property Owners Are Responsible For Keeping Their Premises Safe
The property owner must take reasonable precautions to ensure that anyone using the swimming pool or anyone else on the property is safe in the event of a drowning. In California, a property owner is responsible for exercising reasonable caution when welcoming visitors (even a trespasser).
If you're a surviving family member whose loved one drowned on someone else's property, you should consult a prescreened wrongful death attorney in California.
Who Can Be Sued For Wrongful Death In California Premises Liability Claims?
The possible liable parties that can be blamed for the drowning incident are as follows:
- Owners of residential swimming pools
- Owners of real estate with public or private swimming pools for visitors, residents, or tenants (such as motels, campgrounds, health clubs, or apartment complexes)
- Owners of public properties, such as municipal or school swimming pools that are accessible to the public
- Property owners or managers
- Renters may be responsible for losses in drowning in a swimming pool if they fail to take reasonable precautions to keep visitors safe.
Contact a prescreened swimming pool accident attorney in Los Angeles to review your case if you're unsure who could be liable in your loved one's drowning accident.
Negligent Actions That Can Be Reasons To Sue For Wrongful Death
Pool owners must establish multiple safety measures to ensure people are safe on their property. Here are some negligent actions you and your Wrongful death lawyer in Los Angeles can use to file a lawsuit against property owners.
1. When There Are No Fences
Compared to fenced pools, in-ground pools without complete fencing have a 60% higher risk of drowning incidents.
2. Inadequate Warnings
If warning signs were not posted, a property owner might also be held responsible for a drowning accident in a swimming pool. A pool owner is responsible for warning swimmers of potential risks in a reasonable manner, such as by posting signs indicating the water's depth or a "swim at your own risk" sign if there is no lifeguard on duty.
In addition, the property owner could be held accountable if a drowning accident occurs in a swimming pool and the warning signs are obscured or difficult to read.
If the accident happened on a private or residential pool, the owner failing to warn your family member about existing hazards might also qualify as negligence.
3. Negligent Supervision
If they are watching a child, the owner of a private residence may be liable for a guest's drowning if they failed to keep an eye on them.
A private commercial landowner who owns a swimming pool that is open to the public has a more duty to protect swimmers from drowning. They may be liable if no lifeguard is present or warning signs are absent. In addition, the employer and/or property owner may be held responsible for swimming pool drownings if a lifeguard is careless in supervising pool users.
4. Inadequate Maintenance
If a property owner fails to keep the pool or safety equipment in a reasonably safe condition, they may be held responsible for drownings that occur.
What Can You Get From A Swimming Pool Wrongful Death Claim In California?
Family members may claim damages in the form of:
- Economic, such as burial fees, lost income, medical bills, etc.
- Non-economic, such as emotional distress.
- Punitive, for egregious circumstances where the property owner needs to be punished. This deters them and other property owners from doing the same thing again.
Find A Nearby Wrongful Death Attorney In Los Angeles
1000Attorneys is a California state bar-certified lawyer referral service. We only give referrals to trusted, experienced, and discipline-free California wrongful death lawyers. Click here for a FREE CASE REVIEW.
0 Comments