Drowning and Swimming Pool Accidents
California is one of the highest states in the nation with the most swimming pools, both private and public. The USA Swimming Foundation states that from Memorial Day through Labor Day in 2017, there were 163 reported drowning of children in swimming pool or spas.
In these drownings 70 percent of the reported drownings of children younger than five. A drowning is a tragic event no person should go through. On the other hand, a nonfatal drowning incident may cause significant injuries, including permanent lung or brain damage to the victim.
Drowning and pool accidents can be complex legal battles. You should not have to battle an insurance company while recovering or grieving. Contact Yarian & Associates, APC for a qualified personal injury attorney today.
Los Angeles Lawyer for Pool Accidents, CA
A water injury, either from a pool or hot tub, can result in medical costs or severe emotional aftereffects. Negligence from a public property or a company should be recognized with consequences. Call Yarian & Associates, APC for a qualified pool accident attorney.
Yarian & Associates, APC has a team of experienced attorneys who are compassionate to their client’s needs. Lead attorney, Levik Yarian, has received millions of dollars in prior settlements for his clients. Our attorneys accept clients in the greater Los Angeles County and Tulare County area and surrounding communities including Long Beach, Irvine, Visalia, Pasadena, Glendale, and Los Angeles.
Let us ease some of your stress. Call (844) 291-1911 or submit an online contact form for a free non-obligation consultation today.
Overview of Drowning and Swimming Pool Accidents in California
- Swimming Pool and Drowning Statistics
- Common Swimming Pool Injuries
- Causes of and Liability for Drowning Accidents
- Additional Resources
Swimming Pool and Drowning Statistics
The Centers for Disease Control and Prevention (CDC) released data regarding swimming pool accidents from 2005-2014. The following are statistics released by the CDC:
- There was an average of 3,536 fatal unintentional drownings in the U.S. from 2005-2014. This averages to 10 deaths per day.
- 332 people died each year from drowning in boating-related incidents
- One in five people who die from drowning is children 14 and younger.
- For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.
- More than 5 percent of drowning victims treated in emergency departments (EDs) require hospitalization or transfer for further care.
The California Department of Public Health released a chart that outlined drowning fatalities for young children under five in the state of California by year.
|Year||Pool Drowning||Pool and other Drowning Total|
Common Swimming Pool Injuries
Drowning or a pool injury can cause lifelong effects on the human body. This especially applies to drowning. When a person’s lungs fill with water and cut off the supply of oxygen, they can suffer brain injuries and more.
- Hypoxia (when the blood lowers the level of oxygen in the blood. It can cause damage to the brain, heart, and other organs, even death.);
- Ischemia (when the body has a lack of blood flow to its extremities, cutting off oxygen and nutrient supply to the brain, kidney, and other organs in the body);
- Slip and fall injuries near a pool;
- Swimming pool diving accidents;
- Limb injuries such as broken bones or lacerations;
- Infections; and
Causes of and Liability for Drowning Accidents
The number one cause of drowning is unsupervised children. Sadly, most of these cases occur under the supervision of a family member or friend. A person who is negligent in supervising a child or adult drowning is a responsible party in a swimming pool accident.
Another liable party can be pool owners who fail to take precautions to make their pool safe. If a property owner’s negligence leads to a drowning they may be at fault for resulting injuries or drowning deaths.
For example, the owner will be liable if pool equipment is not properly installed and results in a swimming pool accident. The pool’s property owner can also be liable if an unqualified lifeguard is hired. They can also file a claim against the employee if the lifeguard is negligent.
California pool laws state that pools require covers, locked gates, and fencing that completely surrounds the premises. No one is exempt from these laws. Failure to follow these ordinances results in a property owner’s liability in the event of a death.
Products manufacturers can also be held liable. If a drowning or pool accident is not dependent on someone’s negligence. In the case of product liability a manufacturer, the seller of a defective swimming pool part or related equipment may be liable.
When a swimming pool accident occurs due to a faulty product, the responsible party may include:
- The wholesaler;
- The assemblers or installers;
- The retail store that sold the pool to the customer; and
- The pool manufacturer
Lastly, a government entity can be held responsible for a drowning or pool accident. If a drowning occurs on a property owned by a federal, local, or state entity, the at-fault party will be a government entity. Governments have the same duty to maintain their swimming pools. If they are not properly maintained the government entity should liable.
When it comes to filing a claim for pool accidents against a government entity, there are specific requirements to follow. The statute of limitations is much shorter and the legal process is much more regimented. Know that if you are filing a claim against a government entity you will need to act quickly.
Latest Pool Safety Stats – The United States Consumer Product Safety Commission (CPSC) released data regarding pool safety. The Pool Safety campaign, a national public education campaign run by the U.S. CPSC and provides steps that parents, caregivers, and pool owners should take to ensure that children and adult stay safer in and around pools.
USA Swimming Foundation – The 2004 Swimming Foundation serves as the philanthropic arm of USA swimming. The organization equips child with the life-saving skill of learn-to-swim through their Make A Splash initiative, or providing financial support to the U.S. National Swimming Team.
Unintentional Drowning – The Centers for Disease Control and Prevention released a study regarding pool drowning across the United States. See the statistic of swimming pool accidents, and how many people drown in California annually.
Locating an Attorney for Drowning and Pool Accidents, CA
If you have been injured or your loved one has drowned in a swimming pool accident, you should immediately contact a Los Angeles County area personal injury lawyer for help. The attorneys at Yarian & Associates, APC have represented countless swimming pool accident victims.
We want to give you the time and space to recover. The premises liability attorneys at Yarian & Associates, APC, have the experience necessary to pursue your personal injury case successfully. Our team of attorneys has won settlements throughout California Central District Court area including surrounding communities such as Long Beach, Visalia, Los Angeles, Glendale, Pasadena, and Fresno.
Do not hesitate. Call (844) 291-1911 or submit an online contact form today.
This article was last updated on June 19th, 2018.