Injury Accident Attorney in Fairfield Explains Swimming Pool Accidents

Swimming pools are extremely fun and popular during the summertime, especially in hot Fairfield. However, they are also rife with danger – slippery and hard surfaces with large populations next to a body of water is a recipe for disaster. It’s very important to stay alert and act with caution at a swimming pool, but sometimes even that isn’t enough to prevent an accident. Incidences at the swimming pool can be very severe and even deadly. It is especially dangerous for young children who do not know to act with caution and may not know how to swim. In fact, approximately 500 children under 5 die each year from a pool drowning. In California, it is the number one cause of death for people under 14 years of age. Most young drowning victims are under the care of at least one parent and are out of site for less than five minutes. Even in non-fatal accidents, the injuries incurred are often severe and may include life-changing brain damage. If you or your child has been injured, you may be confused and overwhelmed with emotions, especially when you do not know who was at fault. Speaking with an injury accident attorney in Fairfield can help you during this difficult time.

If the pool owner acted negligently or carelessly, you may be entitled to compensation. The following outlines what a pool owner or controller is responsible for and aims to help you understand your rights.

Possible Injuries from Pool Accidents

  1. Broken bones
  2. Sprained or twisted joints
  3. Brain damage
  4. Disembowelment
  5. Drowning
  6. Chemical burn
  7. Electrocution
  8. Death

Who is Responsible?

Depending on the nature of the incident, different individuals or entities may be considered liable. Most incidences probably are the fault of the pool owner for negligence in maintenance or supervision of a pool. This is because most pool accidents occur from improper care of the pool and area surrounding the pool. Private pool owners are responsible for the safety of all pool users and people on their property (including trespassers). Other incidences may include product malfunctions and may be the responsibility of an individual or entity related to that product. Every case is unique and only an experienced injury accident attorney in Fairfield can explain your rights pertaining to your case.

What Precautions Need to be Taken?

Pool owners are required to take reasonable precautions to prevent drowning. Some ways a pool owner could prevent drowning include the following:

  • Adequate supervision of guests
    • This is especially true if a private individual was meant to be watching a young child at his or her pool.
    • This is especially true for pools open to the public and an owner may be held liable if inadequate supervision is provided (too few or insufficiently trained lifeguards)
  • Adequate and visible warnings regarding the absence of lifeguards or an unsafe depth of the pool for activities such as diving
  • Adequate fencing around the pool
    • In-ground pools lacking complete fencing are the location of more than 60% of drowning incidents.
  • Adequate pool maintenance
    • Imbalance of pool chemicals, slipper pool bottom, insufficiently filled pool (diving accidents), improper installation of pool equipment, etc. Depending on who was responsible for or in control of certain aspects of maintenance, the liability may fall to individuals or entities that are not the pool owner (such as the equipment installation company or individual).

Government-owned Pools

Many pools are owned by some section of the government. The government is equally responsible for the prevention of drownings in their pools as private owners. The main difference is that there are strict rules and regulations in bringing about a case against the government. The time-limits and other restrictions on notice and claim-filing can be very complicated. If you do not follow all the rules, you may automatically lose your right to receive compensation. It is very important to contact a knowledgeable injury accident attorney in Fairfield who can help you through this confusing process. Specific cities and counties within California have passed their own regulations on how residential pools must be maintained to prevent drowning.

 

What to Do After a Swimming Pool Accident

Unforeseen accidents often result in chaos and panic. It is important to do what you can right after the incident to insure the strongest case possible. After experiencing a pool accident, the following should be done:

  • Collect evidence
    • Be sure to take images of the condition of the pool during the time the incident took place. Take photos from different angles and all around the pool – including any relevant equipment or signage. Take down names and contact information for individuals who may serve as witnesses. If faulty equipment was related to the incident, be sure the equipment is not disposed of but is instead kept in a safe location for later reference. A lawyer can help you prevent anyone from interfering with the equipment.
  • Keep records
    • Document any injuries that are incurred, as well as events relating to the incident. Take photos where possible. Obtain copies of police records when applicable, as well as copies of medical records relating to the incident. Keep records of all conversations with any witnesses, police, medical professionals, or individuals relating to the pool property.
    • Keep a record of all related medical costs including prescriptions, physical therapy, lost work, etc.
  • Contact a lawyer
    • It is important to contact a knowledgeable and motivated attorney as soon as is practical to keep you informed of your rights and guide you through this difficult and complicated process. This is the best way to ensure you receive the compensation you need and deserve.

 

Talk to an Injury Accident Attorney in Fairfield for Your Legal Needs

Whether you were injured in a government-owned pool or a privately-owned pool, you may be entitled to compensation depending who was at fault. Call an injury accident attorney in Fairfield for a free consultation.

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    Hiring the Choyce Law Firm was the best decision I made while trying to decide what to do after getting charged with a 3rd DUI. I tried to use a lawyer that I had previously used when in trouble with the law, he was near retirement and wasn’t able to give my case the attention I was looking for understanding that I was facing jail time. When contacting Mr Choyce we discussed my case and he told me he could help, he even knew my previous attorney. Mr Choyce was aggressive in fighting my case with filing motions on my behalf an trying to get my case dismissed, I was very pleased that he was not just looking to get the first deal the D.A. offered but was aggressively trying to win my case. Although we were not able to get the dismissal we were looking for he was able to keep me out of jail an I was able to serve my sentence on the EHD Program, which allowed me to keep my job an that was very important to me. Mr Choyce also handled a second case for me, I was charged with driving on a suspended license and no registration. Once again Mr Choyce was aggressive with this case and took it to trail an was able to get a not guilty verdict, which saved me a great deal of money in fines that would be pending with a guilty verdict. Overall hiring Mr Choyce and his team was the best decision I made, he provided great service at a respectable rate, an explained things as they were happening and with the charges I was facing I was very happy with the outcome of my cases that he handled. I would strongly recommend Mr Choyce and his team to anyone I know that needs legal representation he knows the law and will provide you with the best service you could hope for form a lawyer that wants to win.

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    “This is my second time using Mr. Choyce, and I would choose no one other than him. Both times that I hired him, it was for my son, and they were very serious cases. Mr. Choyce is smart, professional, practical, and relatable. He is a serious person, who listens, speaks in laymens terms, so that you understand what is going on. Not like some that I have experience, who talk over you, and dont take the time to really answer your questions.The second case got very close to going to trial, however, I was confident that I had the best of the best representing my son. Thank God that after willing to go to trial, we got a deal that, I think was a win win.I would definitely, without a question, hire Mr. Choyce again!”

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