San Diego Swimming Pool Injury Lawyers
Alongside our stunning collection of beaches, San Diego is home to multiple lively public and private pools that are excellent to visit through Spring and Summer. However, a fun day in the sun can quickly turn tragic when pool owners do not actively take steps to protect guests. It is their responsibility to prevent serious injuries by using proper chemicals to clean the water, storing equipment, keeping gates secured against unattended children, and ensuring the pool is safe for use.
If you or a loved one were injured in a swimming pool accident because of a negligent property owner, contact the San Diego swimming pool injury attorney at jD LAW, P.C. We can investigate your claim to determine if the owner was negligent, how your injury was caused, and what forms of compensation are available to you. Reach out to us at (760) 630-2000 after a swimming pool accident to discuss your case.
Although swimming pools are a lot of fun for visitors and patrons, they require a lot of up-keep. Owners and managers must make sure filtration systems are working, apply the correct amount of chemicals to the water, repair loose handles, and have lifeguards on hand to prevent drownings. When a property owner neglects the maintenance of a pool, they put swimmers at risk for serious injuries, including:
- Drownings if there are no lifeguards on duty or the safety rails are damaged
- Brain trauma and spinal cord injuries from falls or from diving into a shallow area
- Entrapments in swimming pool drains
- Cuts or lacerations on damaged rails or glass and metal in the pool
- Becoming entangled in pool hoses or other equipment
- Chemical burns or exposure
- Recreational Water Illnesses (RWI’s) caused by unclean water
To prevent such injuries, pool owners should always inspect a pool before opening it to guests and keep a consistent record of all maintenance performed. If they fail to track the correct amount of chlorine they have put in a pool, they can either under clean it, which can lead to infections, or overclean it, causing burns.
Negligent actions that can contribute to a swimming pool injury include:
- Failing to put away equipment
- Failing to lock or secure a gate
- Allowing children to enter the pool without supervision
- Improperly mixing cleaning chemicals
- Failing to install handrails
- Failing to repair handrails
- Failing to install anti-slip areas along the entrances and sides of the pool
- Failing to install safety signs, including pool depth changes
- Failing to secure pool drains
- Failing to hire or train lifeguards for child pools
These careless conditions can be especially dangerous to children, who do not have the same good sense that adults do when entering a pool. They may play with pool equipment, jump into deep sections, In fact, the Center for Disease Control and Prevent (CDC) notes that children ages one to four years old have the highest drowning rates of any demographic.
Property owners in swimming pool accidents can be any individual or company, including gyms, park managers, hotels or motels, resorts, and even homeowners. If you were visiting a neighbor’s pool and became injured because they failed to make sure a handrail was bolted down, they would be liable for your injuries and you could file a premises liability claim against their homeowner’s insurance.
The Swimming Pool Act, otherwise known as the California Health and Safety Code 115920, outlines strict guidelines for building, renovating, and managing a swimming pool. This act requires property owners to implement two out of seven anti-drowning safety features, which may include:
- A protective enclosure that keeps trespassers from entering the premises of a private home and the pool
- A gate that is self-closing, self-latching, and can be locked, along with a removable mesh fencing
- A safety pool cover
- Security alarms that will go off if the gate to the pool is opened
- A self-closing, self-latching door between the pool and the home that is no lower than 54 inches above the floor
- Security alarms that will go off if someone accidentally falls into the pool
- Other forms of protection
Homeowners should ensure that their pools are properly constructed, maintained, and secured to prevent unnecessary accidents. Not placing proper security measures around a pool puts children, in particular, at risk for drownings and death. While California no longer has an “attractive nuisance doctrine,” which held property owners liable for injuries or deaths caused to children who trespassed on their property, property owners now have a general duty to protect all individuals who can become injured on their property.
In addition to homeowners, anyone who managers, owners, or operates a pool can be subject to a premise’s liability claim for pool-related injuries. Premises liability claims require demonstrating three elements to be awarded compensation, which include:
- The property owner had a duty to care for swimming pool patrons or guests.
- The property owner was negligent in their duty.
- That negligence led to an injury or death.
Swimming pool negligence can be demonstrated through security footage, eyewitness accounts, medical cords, accident reports, maintenance reports, and citations issued by the city of San Diego. But to collect this evidence and hold a property accountable for your or your child’s injuries, you will need the aid of a knowledgeable attorney.
At jD LAW, P.C., our lead San Diego premises liability attorney has more than 30 years of experience representing clients in Southern California. He has a thorough understanding of San Diego laws and the necessary expertise to launch an in-depth investigation into your case. If you or your loved one suffered an injury at a swimming pool in San Diego due to a property owner’s negligence, call us at (760) 630-2000 to learn what options are available to you.
Don’t Wait A Second Longer
When you have been injured, or a loved one has been killed due to the negligence of another, you need legal help. Contact JD LAW, P.C., today to get the justice you deserve.