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At Bisnar Chase, we have more than four decades of experience protecting the rights of fatal and non-fatal swimming pool victims.
We have recovered hundreds of millions of dollars in compensation for people and families who have suffered significantly due to another person or entity’s negligence or wrongdoing.
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California Swimming Pool Accident Lawyer
Drowning and Swimming Accidents in California
Few activities are as refreshing and fun as taking a dip in a swimming pool. It is so much fun that we often forget how dangerous swimming can be.
Hundreds of people, especially young children, are killed in unintentional drowning accidents in California each year.
Drowning is the most common cause of unintentional death for children between 0 and 4 years old in California. In addition to tragic drowning fatalities, swimming pool accidents can also result in near-drowning, which can leave a victim brain-injured or severely disabled.
Fault and liability issues in swimming pool accident cases can be complex and challenging. If you or someone you love has been injured or has died as a result of someone else’s negligence, you must understand your legal rights and options.
An experienced California swimming pool accident attorney may be able to help you get compensation. Call 800-561-4887 for a free consultation.
Common Swimming Pool Injuries
Drowning and Near-Drowning: are two of the most serious risks, especially for young children who may not be strong swimmers.
Slips and Falls: Wet and slippery surfaces around pools can cause people to slip and fall, leading to fractures, sprains, and head injuries.
Cuts and Abrasions: Contact with rough surfaces, broken tiles, aged pool edges, or improperly maintained equipment can result in cuts or scrapes.
Diving Injuries: Diving into shallow water can lead to head, neck, and spinal injuries, which can be severe.
Chemical Burns and Irritations: The pool water’s improper chemical balance can cause skin, eye, and respiratory irritations.
Infections: Poorly maintained pools can harbor bacteria and other pathogens, leading to diseases such as swimmer’s ear, athlete’s foot, and gastrointestinal illnesses.
Entrapment Injuries: Getting hair or body parts and clothing caught in pool drains or other equipment can lead to severe injuries, including drowning.
Electrical Injuries: Faulty pool equipment or lighting can pose a risk of electric shock or electrocution if proper safety standards aren’t followed.
Negligence Supervision Injuries: Failing to supervise swimmers that leads to death or injury.
California Swimming Pool Accident Statistics
Drowning Deaths Per Year in California
According to the California Water Safety Coalition, as of June 2024, drowning remains a significant public health concern in California. Here are the key statistics and findings related to drowning incidents in the state:
Overall Drowning Statistics:
- From 1991 to 2020, there were 12,588 drowning deaths in California.
- The annual drowning death rate in California has been reported as approximately 1.48 per 100,000 residents.
- Each year, about 616 drowning deaths occur on average.
- Children between 1-4 years old are particularly at risk, with drowning being the leading cause of injury and death for this age group.
- Males are more likely to drown than females, with three males drowning for every female.
- A significant portion of drownings occur in private pools. Often, these incidents happen during times when no one is supposed to be swimming.
- Nearly half (48%) of all drowning deaths occur during the summer months of June, July, and August.
Increase in Child Drowning Fatalities. 2024 Study
There has been a significant increase in child drowning fatalities, emphasizing the need for heightened water safety measures, especially for young children and communities with higher risks.
The CPSC released its annual drowning and submersion report for children under the age of 15 in June 2024.
- Fatal drownings for children increased by 12% in 2021 compared to 2020.
- Drowning is the leading cause of death among children aged 1 to 4.
- Black communities have a disproportionately higher risk of fatal drownings.
- Average of 358 pool or spa-related fatal drownings per year.
- 75% of victims were younger than five years of age.
- In 2021, there were 380 fatal drownings, up from 339 in 2020.
- From 2021-2023, Around 6,500 estimated nonfatal drowning injuries were treated annually in hospital emergency departments.
- 77% of nonfatal drowning injuries in 2023 involved children younger than 5.
- An average of 269 fatal drownings in children under five between 2019-2021.
- 81% of deadly drownings occurred in residential settings.
- For children aged 5-14, 45% of drowning deaths involved African Americans.
Top 10 Symptom of Near Drowning
Not all victims of drowning accidents are killed. Near drowning is when a victim is rescued before suffering fatal injuries. There are many symptoms of near drowning, including:
- Confusion
- Coughing up pink sputum
- Lethargy
- Restlessness
- Gasping respirations
- Unconsciousness
- Vomiting
- Irritability
- Abdominal distention
- Traumatic Brain Injury
If the drowning victim stopped breathing and is revived, it is possible that he or she has suffered permanent brain damage because of the lack of oxygen.
These types of nonfatal drowning injuries, in addition to severe brain damage, may also result in long-term disabilities such as memory issues, learning disabilities and permanent loss of basic functioning, also known as permanent vegetative state.
A seasoned California swimming pool accident lawyer may be able to help you or a loved one get compensation. Call 800-561-4887 for a free consultation.
Summer Swimming Safety (video)
Summer is right around the corner, and California is serious about preventing drowning deaths. The World Health Care Organization (WHO) recently weighed in for the first time, published a report about the dangers of drowning, and is pushing for swim safety classes in schools and more education to prevent injury and death.
What is Dry Drowning?
Dry drowning, or secondary drowning, occurs at least 1–24 hours after inhaling water. Secondary drowning (dry drowning) occurs when water seeps into the lungs and then induces swelling, making it difficult for oxygen to flow.
What parents need to know about dry drowning is that children are usually the victims of this rare occurrence, and it can lead to a child having trouble breathing and may even result in death.
Over 1%–2% of children experience dry drownings, and even though it doesn’t happen often, it is strongly suggested that you pay close attention to the signs.
Five signs of dry drowning:
- Coughing: Your child coughing excessively indicates that his/her lungs are struggling to let oxygen pass through their airways. Coughing is related to your child’s difficulty breathing.
- Exhaustion: If your child was energetic in the pool but suddenly became sleepy or tired, this is a prominent sign of dry drowning. Your child’s abrupt loss of energy means that the blood is not receiving oxygen.
- Vomiting: When the body lacks oxygen and suddenly experiences inflammation, vomiting is a symptom of dry drowning. Gagging and coughing are signs that the body is under extreme stress.
- Confusion: Whenever your child is acting out of character and not remembering much, this could be a warning that insufficient oxygen is going to the brain. The child may also feel dizzy or sick.
- Heavy breathing: Nostrils flaring up, and fast, shallow breathing means the lungs are working harder than normal. If your child is breathing so deeply that his/her ribs and collarbone are being exposed, you need to seek medical attention immediately.
Call 911 or go to the emergency room immediately if your child displays any of these symptoms.
Preventive measures against dry drowning involve supervision. It is important to pay special attention to your child while swimming. Also, if your child is learning how to swim, take safety precautions by providing flotation devices and making sure that they stay in the shallow part of the pool.
Drowning Prevention While Swimming
Under California law, all pool owners and landlords must install an enclosure or fence around their pools. The fence must be at least 5 feet high and completely surround the pool.
Gates must also have self-locking and self-latching gates. This will help prevent young children from wandering off and falling into the pool.
Here are a few other important safety tips for all pool owners and swimmers:
- Never leave children unsupervised by a pool. Even if they are excellent swimmers, it is important that someone is nearby. If you are the supervising adult, remain focused on the children. Do not turn away to talk to someone or take a phone call.
- Avoid alcohol around the pool. The heat from the sun can increase the effects of alcohol. Individuals who are drinking are much more likely to drown.
- Take a water safety course. Swimmers of all abilities would be well advised to take a formal swimming lesson.
- Remain at arm’s length. When there are young swimmers, it is necessary to be alongside them in the pool. Staying within arm’s reach of an inexperienced swimmer could help save his or her life.
- Install pool and door alarms. Property owners would be well advised to install an alarm on their back door and on the pool fence gate.
- Learn CPR and have a phone nearby. In an emergency, it will be necessary to call for help and perform CPR immediately.
- Use life jackets. Inexperienced young and old swimmers should be given life jackets instead of inflatable armbands. Floating devices can deflate and become useless.
- Properly maintain the pool area. Uneven paving and broken ladders can result in devastating falling accidents and drowning incidents.
California Swimming Pool Laws
The California Swimming Pool Safety Act, also known as Senate Bill 442, aims to enhance the safety of residential swimming pools and spas to prevent accidental drownings, especially among children. Here are the key provisions of the law:
Pool Safety Features:
Residential pools and spas built or remodeled after January 1, 2018, must be equipped with at least two of seven specified safety features:
- An enclosure that isolates the pool or spa from the home.
- Removable mesh pool fencing that meets ASTM specifications.
- An approved safety cover for the pool.
- Exit alarms on doors providing direct access to the pool.
- A self-closing, self-latching device with a release mechanism on doors provides direct pool access.
- When placed in a pool, a pool alarm sounds upon detection of an accidental or unauthorized entrance into the water.
- If the building official approves, additional protective measures offer an equivalent level of protection or even greater protection than the aforementioned.
- Inspection and Compliance:
When a home with a pool is sold, it must be inspected to ensure compliance with the safety feature requirements. Non-compliant pools must be brought up to code before the sale is completed.
Local Pool Ordinances:
In addition to state requirements, local governments may have their own ordinances that impose additional safety measures or requirements for residential pools and spas. Property owners should check with local authorities to ensure full compliance.
Enforcement and Penalties for Swimming Pools:
Local building inspectors and code enforcement officers are primarily responsible for enforcing the Pool Safety Act. According to local regulations, non-compliance may result in fines and other penalties.
If you think you may have a case of injury or accident from a homeowner or business, contact our California swimming pool accident lawyers for a free case review. Call 800-561-4887.
Swimming Pool Liability Claims in California
Owning a pool comes with a lot of responsibility. A pool owner can be held liable for any injuries or fatalities resulting from failure to follow safety regulations.
For example, if a child drowns in a pool that does not have proper fencing surrounding it, then the pool owner can be held civilly liable for an accident that occurs. A pool owner cannot, however, be held accountable for every incident that happens there.
Drowning accident: who is responsible?
The victim or the victim’s family must prove that the pool owner’s negligence contributed to the accident. Three categories of swimmers generally affect liability: invitees, licensees, and trespassers. Property owners are legally responsible for providing reasonably safe conditions for all guests.
If the property owner’s negligence injures an invitee, the victim may file a claim. Property owners must also provide reasonably safe conditions for persons allowed to enter the pool area for business reasons.
Trespassers, however, do not have permission to be on the property and will, therefore, find it challenging to hold the property owners responsible for their injuries.
Other potentially liable parties in swimming pool accidents may include private clubs, aquatic facilities, hotels, daycare programs, childcare centers, and governmental agencies in charge of maintaining public pools.
Defective or dangerous pools or Jacuzzis
Tears in pool walls: Weak, worn, or thin materials in above-ground pool walls may tear and cause the pool to burst open, potentially injuring swimmers with the sudden rush of water.
Defective pool filters: Pressurized systems in pool filters can explode if obstructed, potentially causing shrapnel injuries.
Drain entrapment: Strong suction from pool pumps and drains can trap swimmers, causing severe injuries or drowning, particularly among children.
Diving board defects: Improperly installed or faulty diving boards can cause falls and severe injuries like traumatic brain injuries.
Contact one of our California swimming pool accident attorneys for a free case review. We’ve won almost a billion dollars and have taken on some of the most complex cases requiring a vast knowledge of premise laws.
The Homeowner’s Insurance Process For Injured Victims
In California, if someone is injured in a swimming pool on another person’s property, dealing with the homeowner’s insurance to seek compensation involves several steps.
Report the Incident: The injury should be reported to the homeowner immediately, ensuring they are aware of it. It’s beneficial to document the incident comprehensively, including taking photos of the injury and the scene where it occurred and collecting any witnesses’ names and contact information.
Medical Treatment: The injured party should seek medical attention promptly. Medical records will be vital in documenting the nature and extent of the injuries, which are crucial for your claim.
Homeowner’s Insurance Notification: The homeowner should notify their insurance company about the accident. As the injured party, you can also directly inform the insurance company of your intention to file a claim. You may need to complete specific forms or provide a recorded statement outlining the incident and the injuries sustained.
Investigation by the Insurance Company: The insurance company will investigate the incident. This could involve reviewing medical records, inspecting the property, and interviewing witnesses. The company will also assess the policyholder’s liability under the circumstances of the accident.
Liability Determination: The insurer will determine the homeowner’s degree of liability based on negligence or a violation of California premises liability laws. Factors like inadequate fencing, lack of supervision, or failure to maintain safe conditions could be considered negligence in pool injury cases.
Settlement Offer: If the insurer determines the homeowner is liable, they may make a settlement offer to cover medical bills, lost wages, and other damages. Reviewing any settlement offer with a premises liability lawyer is essential to ensuring it adequately compensates for your damages and injuries.
Negotiation: A negotiation process may occur if the initial settlement offer is insufficient. This can involve presenting further evidence about the injuries and damages to negotiate a fairer settlement.
Legal Action: If a satisfactory settlement cannot be reached through negotiation, it may be necessary to file a lawsuit against the homeowner.
Depending on the circumstances of the incident, the at-fault party or entity can be held liable for the injuries, damages, and losses. Contact a California swimming pool accident lawyer to evaluate your evidence and determine if you have a personal injury claim. Our litigation team has a 99% success rate winning cases.Call 800-561-4887.
Compensation for Pool Accident Victims
Swimming pool accident victims can recover damages by filing a personal injury lawsuit. They can recover compensation for the following damages, depending on the nature and circumstances of the incident:
- Medical expenses: Serious injuries may cost victims and their families millions. Sometimes, the victim’s insurance company may not cover medical treatment and rehabilitation costs. A personal injury claim can seek compensation for all medical expenses and the cost of any future medical and rehabilitative treatment.
- Lost wages: Injured victims may be forced to miss significant time at work while recovering.
- Pain and suffering: These are non-economic damages, including physical pain, emotional trauma, permanent injuries and disabilities and loss of life’s enjoyment.
- Wrongful death: When an individual dies in a swimming pool accident, his or her family members may be able to file a wrongful death lawsuit against the at-fault party. Such claims usually cover medical expenses, funeral costs, lost future income, and pain and suffering.
How Do I Protect Myself When Swimmers Are on My Property?
Negligence can be costly when guests are on your property. It is essential to take precautions to protect your visitors from harm and yourself from financial danger.
Ensure Proper Maintenance and Safety Compliance: Regularly inspect and maintain the pool or jacuzzi to ensure all equipment functions correctly. Ensure compliance with local safety regulations, such as installing proper fencing, gates with self-locking mechanisms, and anti-entrapment drain covers. Mark water depths and indicate no-diving zones.
Have Adequate Supervision: Always have a responsible adult supervise swimming, especially when children are present. Consider hiring a certified lifeguard for larger gatherings or parties.
Provide Safety Equipment: Make sure life-saving equipment, such as life rings, a reaching pole, and a first aid kit, are readily available. Encourage or mandate life jackets for children or inexperienced swimmers.
Educate Guests on Safety Rules: Communicate pool or jacuzzi rules to all guests, including no running, no diving in shallow areas, and no pushing or roughhousing. Post visible signs outlining these rules and safety guidelines.
Limit Alcohol Consumption: Monitor and limit the consumption of alcohol around the pool or jacuzzi to reduce the risk of accidents and impaired judgment.
Obtain Liability Insurance: Ensure you have sufficient homeowner’s insurance coverage that includes liability protection for pool-related accidents. Consider increasing liability limits or obtaining an umbrella policy for added security.
Have Guests Sign a Waiver: Consider having guests sign a liability waiver, acknowledging the inherent risks of using the pool or jacuzzi and agreeing not to hold you responsible for accidents or injuries.
Document Safety Measures: Keep records of regular maintenance, safety inspections, and any training or certifications related to pool safety.
No Win No Fee Personal Injury Attorneys
Contact an award-winning California swimming pool accident lawyer at Bisnar Chase today. Call 800-561-4887 for a free, comprehensive consultation.
Our law firm operates on a contingency fee basis, meaning you do not pay upfront or pay anything if we don’t win your case.
How much does an injury lawyer charge in California?
The law in California allows attorneys to charge personal injury fees ranging between 33% and 42% of what they win in your case.
Most are in the 33% fee structure realm unless the case is quite complex and requires additional resources such as accident reconstruction experts, witness travel, and forensic experts or if the case goes to trial.
Why do I need an injury lawyer?
Hiring an injury lawyer who specializes in proving cases involved with premises liability is critical. You wouldn’t hire a tax attorney to deal with child support issues; the same goes for injury law. Our law firm handles only accident and injury claims to ensure your attorney is knowledgeable and experienced in your type of accident.
