Swimming pool accidents in Los Angeles County can lead to serious injuries, particularly among children and teens. Michael D. Waks is a swimming pool accident lawyer who helps victims recover damages from property owners responsible for unsafe conditions or lack of supervision. His firm investigates every aspect of the incident to secure the best possible outcome. Contact Michael D. Waks at (888) 394-1174 for a free consultation to protect your legal rights after a swimming pool accident.

What to Do If Your Child Is Injured in a Pool Accident

A swimming pool should be a place for fun and relaxation, especially for children. However, accidents can happen in an instant, turning a normal day into a frightening experience. When a child is injured in a pool accident, parents often face a mix of emotions—shock, fear, and confusion about what to do next. Beyond immediate medical care, there are important legal and safety steps to consider, particularly if the injury resulted from another party’s negligence. Understanding what to do after a swimming pool accident can protect your child’s well-being and your family’s legal rights.

Seeking Medical Help Right Away

The first and most important step after any pool-related injury is to get medical attention. Even if the child appears to be fine after being pulled from the water, certain conditions such as dry drowning or secondary drowning can develop later. These involve delayed respiratory distress that may not show symptoms for hours. A doctor should evaluate your child to ensure there are no hidden complications such as oxygen deprivation, head trauma, or spinal injuries.

Make sure to follow all medical advice and keep detailed records of every hospital visit, test, and treatment. Medical documentation is not only essential for your child’s recovery but also for any legal claim you may later pursue.

Documenting the Scene of the Accident

If possible, gather evidence from the location where the accident occurred. Take photographs of the pool area, including the water’s depth, any missing safety barriers, broken gates, slippery surfaces, or lack of warning signs. If the incident happened at a private residence, public pool, or hotel, note whether lifeguards were present and if safety equipment like flotation devices or rescue poles were available.

This documentation can help establish whether safety regulations were ignored or if the pool owner failed to maintain proper precautions. Pool areas must meet strict safety standards under California law, including secure fencing and self-closing gates to prevent unsupervised access by children.

Reporting the Incident to the Proper Authorities

If the accident occurred at a public pool or recreation center, report it to management or local authorities immediately. A written report can serve as an official record of the event. In severe cases involving negligence or unsafe conditions, you may also file a complaint with the Los Angeles County Department of Public Health, which oversees pool safety regulations.

For incidents that happen at private residences, document who owns or manages the property and when the injury occurred. This information will be useful if a legal claim becomes necessary later.

Identifying Who May Be Liable

Determining responsibility in a swimming pool accident can be complex. Liability depends on where the accident happened, who owned or managed the pool, and whether negligence played a role. Several parties could be responsible:

Homeowners – If the injury occurred at a private residence, the homeowner could be held liable for failing to maintain proper safety barriers or supervision. California’s “attractive nuisance” doctrine recognizes that pools pose a particular risk to children and that property owners must take extra precautions to prevent access.
Hotels or Apartment Complexes – Management companies and property owners are required to keep pool areas secure and comply with building codes. If they failed to ensure lifeguards were present or safety gates functioned properly, they could be legally responsible.
Public Facilities – When accidents happen in municipal or school pools, a government entity may be liable. However, claims against government agencies follow different procedures and strict deadlines under California’s Government Claims Act.
Pool Maintenance Companies or Contractors – If faulty equipment, poor chemical balance, or inadequate maintenance contributed to the accident, service providers may share in the liability.

An experienced personal injury attorney can help identify all potential parties and determine the best legal strategy for holding them accountable.

Common Causes of Pool Accidents Involving Children

Children are naturally curious and may not recognize pool hazards. Some of the most common causes of pool-related injuries include:

Lack of proper supervision
Missing or broken pool fences and gates
Slippery pool decks or uneven surfaces
Defective pool drains or suction systems
Unsafe diving areas
Inadequate signage or depth markings
Absence of trained lifeguards

Even when parents or guardians are attentive, accidents can still happen if the environment is unsafe. Pool owners and operators have a legal obligation to prevent foreseeable risks.

Understanding Premises Liability and Negligence

In California, most swimming pool injury claims fall under premises liability law, which requires property owners to maintain reasonably safe conditions. To prove negligence, you must show that:

The property owner owed a duty of care to keep the area safe.
They breached that duty by allowing a dangerous condition to exist.
The breach directly caused the child’s injury.
The injury led to measurable damages such as medical bills or emotional distress.

For instance, if a homeowner left a gate open or failed to fix a broken latch, that negligence could be grounds for a claim. In public settings, a lack of supervision or improper pool maintenance could also establish liability.

Compensation

If your child was injured in a pool accident due to negligence, you may be entitled to recover compensation for both economic and non-economic damages. These can include:

Medical expenses for emergency care, rehabilitation, and long-term treatment
Lost wages if a parent had to take time off work to care for the child
Pain and suffering
Emotional distress or trauma experienced by the child
Long-term disability or disfigurement

In tragic cases involving wrongful death, surviving family members may also seek compensation for funeral costs and loss of companionship.

Time Limits for Filing a Claim in California

California law sets strict time limits, known as the statute of limitations, for filing a personal injury claim. In most cases, you have two years from the date of the injury to file a lawsuit. However, if the claim involves a government entity, the deadline is much shorter—typically six months from the date of the incident. Because these deadlines can vary depending on the circumstances, consulting a personal injury attorney as soon as possible is critical.

The Role of a Personal Injury Attorney

A lawyer experienced in pool accident cases can help gather evidence, identify liable parties, and negotiate with insurance companies. They can also handle communication with property owners or government agencies while you focus on your child’s recovery. Attorneys often work with experts, including safety inspectors and medical professionals, to strengthen the claim and ensure all damages are accurately calculated.

In many cases, attorneys work on a contingency basis, meaning you pay no legal fees unless compensation is recovered. This approach allows families to pursue justice without worrying about upfront costs.

Taking Steps to Prevent Future Accidents

While not every accident can be prevented, awareness and caution can reduce the risks. Parents should always supervise children around water, even when lifeguards are present. Learn CPR and basic rescue techniques. For homeowners, ensure your pool area meets all safety requirements, including fences, alarms, and secure gates. Regularly inspect drains and covers to prevent entrapment.

Education and proactive safety measures can make a real difference in preventing future tragedies.

Protect Your Family with a Los Angeles County Swimming Pool Accident Attorney

Swimming pool accidents can have devastating consequences, especially for young victims. Michael D. Waks, a dedicated Los Angeles County swimming pool accident attorney, provides compassionate representation to families affected by pool-related injuries. He will fight for accountability and ensure you receive the compensation you deserve. Call Michael D. Waks at (888) 394-1174 for a free consultation and take the first step toward justice after a swimming pool accident.