Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Who Might Be Liable for Injuries Sustained at a Pool?

July 26, 2019 by Michael Waks

Who Might Be Liable for Injuries Sustained at a Pool?There are all sorts of ways a person can suffer an injury at a swimming pool. Slipping on a wet deck, diving into shallow water, or getting stuck in an unsafe drain can all cause serious and potentially fatal harm. If you or someone in your family was hurt at a swimming pool, you may be entitled to damages including medical bills, lost income, and pain and suffering; however, there are several elements that must be proven in order to recover compensation.

One such element is liability. You must present evidence to prove who caused the injury or death. Depending on the circumstances, one or more of the following parties may be liable for damages after a swimming pool accident:

  • The engineer or landscape architect who designed the pool;
  • The company that manufactured the pool’s components;
  • The contractor who installed the pool or one of its components;
  • The property owner or occupier;
  • The municipality responsible for maintaining the pool; or
  • The employer of the individual whose negligence was the proximate or actual cause of the injury or death.

In some cases, several parties share liability. For example, if the accident occurred because one of the pool’s components was incorrectly installed, you may have grounds for a claim against both the individual who installed the component and his or her employer.

It’s important that you identify all potentially liable parties since this might increase your chances of recovering compensation for 100 percent of your damages. Under California’s joint and several liability law, one defendant can be ordered to pay 100 percent of a personal injury victim’s economic damages even if that defendant was only partially liable. This law helps accident victims recover compensation if one of the defendants doesn’t have the insurance coverage to pay for their share of the damages.

Determining liability in these cases can be complicated and typically requires a thorough investigation. As such, it’s wise to discuss your case with a swimming pool accident lawyer as soon as possible—while time-sensitive evidence of negligence and liability is still available.

Common Causes of Swimming Pool Accidents

In order to identify the liable parties, your lawyer will have to determine what caused the accident. Below are a few common examples of factors that contribute to injuries and deaths at swimming pools:

Inadequate Warning Signs: When a swimming pool lacks adequate signage stating its various depths and diving restrictions, the property owner or occupier could be liable for injuries that result. The owner may also be responsible if someone gets hurt due to insufficient supervision. 

Poor Security: Swimming pools are considered attractive nuisances. As such, those who have one on their property are usually required to install adequate fencing around it, as well as a gate that locks. Otherwise, young children could be drawn to the pool and end up suffering an injury. If this happens, the property owner or occupier could be liable for the resulting damages.

Improper Maintenance: Pools that are not chlorinated or filtrated properly can cause infection and other illnesses. If a private pool is not maintained, the property owner may be liable in the event that someone who uses the pool gets sick. If a public pool is not maintained, the municipality could be liable or any resulting illnesses.

Faulty Equipment: When defective equipment causes serious injury—perhaps the diving board snaps, for example, or the railing breaks loose—there are a number of parties who could be liable. These include the designer, manufacturer, distributor, and installer of the equipment. Unlike other kinds of swimming pool accident claims, those that involve defective products can be filed on the grounds of strict liability. That means a finding of fault is not necessary to impose liability.

How Long Do I Have to File a Premises Liability Lawsuit Following a Swimming Pool Accident?

In the state of California, the typical statute of limitations for personal injury lawsuits is two years. That means you have two years from the date on which you were hurt at the pool to bring your case to court if a settlement is not reached.

This two-year deadline also applies to wrongful death claims. As such, if your loved one died in a swimming pool accident, your family most likely has two years from the date of death to file a lawsuit against the liable parties.

If a government entity was liable for the accident, however, you will have to take action much sooner. An administrative claim must be filed with the appropriate agency within just six months of the incident (in some cases, this deadline is extended to one year). The government then has 45 days to respond. If your claim is denied, the lawsuit must be filed within six months of the date when the rejection letter was mailed or personally delivered to you; however, if you do not receive a rejection letter, you have two years from the date on which the accident occurred to file suit.

When it comes to swimming pool accidents, the victims are often young children. In this scenario, the statute of limitations does not start running until the injured party turns 18. In other words, if your son or daughter gets hurt at a pool, your family may have until his or her 20th birthday to take the case to court. Because there are so many exceptions to the statute of limitations, it’s wise to consult an attorney as soon as possible so you don’t miss the lawsuit filing deadline.

Call (562) 206-1939 to Discuss Your Case with a Long Beach Premises Liability Attorney

Your Injuries Are Personal to Me

If you or a loved one was hurt at a swimming pool, contact the Law Office of Michael D. Waks to determine how best to proceed. We combine the resources of a large practice with the personalized legal services of a small, local law firm.

You will have a direct line of contact to Michael through every stage of the proceedings, and he will be available to answer your questions after office hours and on weekends if necessary. Call (562) 206-1939 or use our Online Contact Form to set up a free case evaluation with a premises liability lawyer in Long Beach.

  • Author
  • Recent Posts
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
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

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.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

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 of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing