Swimming pool accidents have grave consequences, especially for young children. Each summer we read about the horrors of young children drowning, but near-drownings have their own kind of horror. As a personal injury attorney I have seen families devastated by the wrongful death or injury of a child involved a swimming pool accident.
In children ages one to four, only birth defects cause more deaths than drowning. And many victims of near-drownings are left in a permanent vegetative state.
Consequences of Swimming Pool Accidents
Contrary to what most people think, when a child goes underwater, he doesn’t thrash or kick. Instead, the child inhales water into the lungs and quietly and quickly drowns. Drownings can happen anywhere there is a swimming pool, and they can happen in less than an inch of water.
For those who can not be revived, a swimming pool accident results in a fatal drowning. According to Health Line, when someone is able to be resuscitated the incident is considered a near-drowning. Someone who survives a near-drowning can suffer from short and long-term health effects. These include acute respiratory distress syndrome, pneumonia and other lung complications, brain damage, chemical imbalances, and fluid imbalances.
Mercury News recently reported on the consequences of swimming pool accidents. Personal stories were shared, including from one mother whose two children fell into the family pool. One of the children died. The other suffered permanent damage and now lives in a care home.
This anecdotal story of family tragedy is, sadly, not uncommon. In the United States last year, 202 children between the ages of one and 14 drowned in swimming pool or spa accidents. A total of 143 of these young victims were under the age of five. Twenty three were from California.
What Options Do Pool Accident Victims Have?
Pools are both enticing and dangerous to children. Therefore, in law, they are referred to as an “attractive nuisance.” Property owners must be aware of the potential that children will trespass onto their property and into their pools. As such, California law requires property owners to prevent trespassing kids from gaining access to their pools. They are required to take reasonable precautions to keep unauthorized/unsupervised children out of their pool. If they don’t, they can be held liable for the resulting death or injuries trespassing children sustain.
Although no amount of monetary compensation can replace a healthy child, parents bearing the emotional, and financial, burden after the death or injury to their child, can seek justice through a civil lawsuit.
Parents can sue if a property owner was negligent or careless by not properly preventing children from accessing their pool. For example, if a property owner did not have any appropriate childproof barrier around his swimming pool.
Even though we most often think of children when talking about wrongful drowning or pool accident injuries, adults can also be victims. An adult, or his family, can sometimes sue a property owner for injuries or wrongful death after a pool accident. For instance, if a property owner is negligent in proper pool maintenance and an adult becomes trapped on a drain and drowns, the owner may be liable.
Getting Help from a Long Beach Personal Injury Attorney
Your Injuries are Personal to Me
When someone experiences injuries due to near-drowning or dies as a result of a pool accident, it is important for parents and victims to understand their legal rights.
As an experienced Long Beach personal injury attorney, I have helped families impacted by pool accidents. I take your injuries personally and will handle every aspect of your case to ensure you receive the maximum compensation you deserve.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation to speak with a Long Beach personal injury attorney to learn how I can help you if you’ve suffered a pool-related injury.
You will be under no obligation and you will never pay any money unless you recover compensation for your losses.
- How Do You Prove Liability for a Motorcycle Accident? - September 8, 2021
- What Kinds of Damages Can You Include in a Brain Injury Claim? - September 1, 2021
- Hurt Your Back in a Truck Accident? What You Need to Know - August 3, 2021