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California Swimming Pool Accident Attorneys
If you or a loved one has been injured or killed in an accident involving a swimming pool, time is of the essence. Memories begin to fade, evidence can become lost, and witnesses can move or become unavailable. Additionally, if the pool was a government owned/operated pool, there are uniquely short deadlines within which claims must be filed. Call the Law Offices of Gregory Montegna at (619) 619-1500 at your earliest convenience. Consultations are FREE and we can help you preserve your rights.
Leading Cause of Death to Children 14 and Under
In California, for children 14 and under, swimming pool drownings surpass all other causes of death. When it comes to preschoolers who are drowning victims, 70% are in the care of one or both parents at the time the drowning occurred, and 75% are missing from their parents’ sight for only 5 minutes or less. Swimming pool accidents are pervasive among younger children and it can happen in an instant.
Near Drownings Can Have Devastating Consequences
Even if a person survives a near-drowning experience, the consequences can be devastating to the victim. Since brain damage can occur after only 4 minutes of submersion, the near-drowning victim can suffer severe and permanent neurological disabilities even though s/he survives a near-drowning event. The same legal elements and theories that apply to drowning victim cases, apply to near-drowning cases including *premises liability *negligence, and *products liability. These types of cases can often be quite complex and can require the opinions of experts, site-reconstructionists, industry experts, and medical experts. Most of these need to be engaged sooner than later to determine and help establish the required elements and liability.
Other Common Swimming Pool Accident Injuries
Aside from drowning and near-drowning events, other common injuries associated with swimming pool accidents can include *diving accidents, *slip-and-fall, *injuries suffered as a result of the pool being mis-chemicaled. Depending on the particular circumstance, the legal theories discussed above (premises liability, negligence and products liability) may also apply.
Who Can Be Included As Defendants In a Swimming Pool Accident Lawsuit?
Although it depends on the particular situation, below is a list of potential entities that could be named as defendants in a swimming pool accident lawsuit:
- The owner(s) of a private, residential swimming pool
- The owner(s) of the property with a private or commercial pool used for the benefit of guests, members or tenants (i.e. – motels, campgrounds, health clubs, or apartment complexes)
- Owner(s) of government property, such as municipal/city swimming pools open to the public/community or school swimming pools
- Possessor(s) or Operator(s) of the property. Such as someone who rents the property (which includes the pool) can also be liable for damages where s/he failed to take reasonable precautions to protect guests from injury.
- The pool manufacturer (or the manufacturer of a defective part(s))
- The pool wholesaler
- The retail store that sold the pool
- The pool assembler or installers
As you can see, there are many factors that can play an important role in the outcome of your case. Additionally, time is of the essence. Memories fade and evidence can get lost or witnesses can become unavailable.
Free Consultation and Case Review, and there are no attorney’s fees unless we win your case.
Call the Law Offices of Gregory A. Montegna at your earliest convenience. We can answer your questions and give you an idea of the value of your case. We can talk with you over the phone, or you are welcome to come into our office, or we can meet you and your family at a location that works for you.