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Child Injuries in Unsecured Swimming Pools

July 22, 2015 by Michael Waks

infinity-pool-4-1340372-mThe California Swimming Pool Safety Act establishes rules for securing swimming pools to prevent drowning accidents.  Swimming pools are considered an attractive nuisance, which means they can entice children or trespassers onto a property and can be dangerous to those trespassers.  Because of the significant risk, a pool presents to children, homeowners and other property owners with pools must ensure they are following all safety regulations and taking appropriate precautions to prevent injuries to young people.

Risks of Child Injuries in Unsecured Swimming Pools in Long Beach

The Consumer Product Safety Commission warns of the dangers faced by young children due to swimming pools. An average of almost 400 children aged 15 and under die of drowning in swimming pools annually. Seventy-five percent of children who drown are under the age of five. The demographic groups most likely to drown include African American children age five to 19 and all children age one to three.

Only a small portion of children die from drowning. The Centers for Disease Control and Prevention reports: “For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.” Children who are deprived of oxygen but who do not die from drowning may sustain permanent brain damage, resulting in life-long cognitive impairments.

Children may also sustain other injuries in unsecured swimming pools besides submersion injuries. For example, a child who attempts to dive into a pool may strike his or her head or body on the pool deck or bottom of the pool. This could result in a traumatic brain injury, neck or spinal cord injury, and broken bones.

Homeowners Responsibility for Child Injuries in Unsecured Swimming Pools in Long Beach

The California Swimming Pool Safety Act mandates pool owners with pools constructed after January 1, 2007 have at least one of seven listed safety features to prevent children from unsupervised access to swimming pools. The listed safety features include:

  • Isolation of the pool from the home in a separate pool enclosure
  • Removable mesh pool fencing surrounding the pool, which is self-latching and lockable
  • An approved safety pool cover
  • Exit alarms on all doors leading to the pool area from the home
  • A self-closing self-latching device at least 54 inches off the ground on all exit doors from the home leading to the pool
  • A swimming pool alarm that sounds an alert upon unauthorized access to the water
  • Other means of protection for children that provide at least as much protection as specific listed safety features

These guidelines are designed to ensure children are not able to access pools without an adult being aware. There are also additional details included in the Swimming Pool Safety Act about the type of enclosure that must surround a pool.

If a homeowner violates any safety precautions and/or otherwise is negligent in a manner that allows a child access to a swimming pool, the homeowner can be held responsible for resulting child injuries or fatalities due to drowning. It is not generally a defense to claim a child was trespassing on property if a child sustains injuries in a pool.

Getting Help from a Long Beach Pool Accident Lawyer

Your Injuries are Personal to Me

Let a Long Beach swimming pool accident lawyer help to seek compensation from a homeowner responsible for child injuries in unsecured swimming pools.

Call the Law Office of Michael D. Waks at (562) 206-1939 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
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About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

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Attorney Waks is very knowledgeable and dedicated to his clients. I was involved in a car accident through no fault of my own, and Mr. Waks took care of a Nightmare involving the insurance company. Even though my case was relatively minor and not very rewarding for him financially, he still charged in headstrong and treated me with the utmost respect. Highly recommended!
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Mr. Waks was very helpful in an accident I was involved in. He made sure that the party responsible for the accident paid for all the damages made to my car. He also made sure I received the proper medical treatment for an injury to my back and neck. Thanks to Mr. Waks, my family and I received compensation for my injuries. If you are looking for someone diligent and caring Mr. Waks is the person for you, he will fight hard for you and get you the compensation you deserve.
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When I needed an attorney to represent my interests in a personal injury case which I believed had some thorny issues, Mr. Waks carefully consulted with me, presenting both sides of the case skillfully. He constantly kept me apprised of every detail and made himself available to me when needed. He fights for his clients with a level of tenacity that is exceptional amongst his peers.
‎Leslie C.
Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece o… Read more
Eric G.
I would highly recommend Michael Waks and his law office! Back in March my 8 day old car was rear-ended and Mr. Waks was there every step of the way. Michael, and his office, maintained constant communication through the entire process and were very honest and realistic about his expectations for my case. I am very thankful and pleased with the results of my case.
Patrick C.
Our Child Caregiver was in a serious car accident around Canoga Park in the valley and her car was totaled. Thank goodness our kids were not in the car at the time and she was not seriously injured. Since she is not originally from the United States and doesn’t have much familiarity on how to handle the situation, I helped her and hired Michael who took her case. The plaintiff claimed falsely that he had a green light when in fact he turned right on a red in front of our caregiver. Since… Read more
‎Doron K.
Mr. Waks is a phenomenal lawyer. He thrives to get you the best results. I have used him two times. I would definitely recommend anyone to use him. Michael, as well as his assistant, is very professional.
Ty P.
Mr. Waks is Great! My son had been bitten by a dog. Mr. Waks was so kind to our 4-year-old son. Mr. Waks was up front and always kept us in the loop as to what was happening in the case. I would and have recommended Mr. Waks to people I know who need to be represented by a caring and skillful lawyer.
Ana A.‎
I would recommend Michael Waks to anyone who needs a personal injury lawyer. Mr. Waks helped me in two different cases. He was there all the time, not an assistant, he was there step by step for me and my family. He is upfront of what he can do for you. Michael Waks is the “BEST”.
Sharon H.
Michael Waks is GREAT! I’ve been involved in two separate auto accidents. One as a passenger and one as a driver. He has been very helpful in both cases. We used his services for our first accident and then when I was involved in my own accident, I went back to him as he provided great service. I have even referred him to others. I would recommend Michael Waks!!”
Diana U.‎

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300 East San Antonio Drive, Long Beach, CA 90807 Tel: (562) 206-1939 160 Chesterfield Drive Suite 200 Cardiff-by-the-Sea, CA 92007 Tel: (888) 394-1174 The Law Office of Michael D. Waks represents clients in cities throughout Southern California
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