1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

What Causes Injuries and Drowning Accidents at Private Pools?

Posted on in Catastrophic Injuries

California premises liability attorney, California injury lawyerSummertime for many people means backyard pool parties. If you are a guest in someone’s home with a pool, the homeowner has a duty to provide you with a reasonably safe swimming environment. This duty is found in an area of law called premises liability. There are several dangerous conditions that can be present in home swimming pools. There are also special considerations for children around swimming pools.

Common Dangerous Conditions

  • Slick walking surfaces: A homeowner should foresee that the area around the pool will get wet. Thus, the area around the pool should be suitable for this purpose. Common dangerous conditions include slick decks, stairs without treads and algae growth on the ground.
  • Poor maintenance: The pool and accessories should be properly cared for by the homeowner. Diving boards, pool ladders, and water slides should be sturdy and able to support their intended use.
  • Poor pool design: Some pools are poorly designed and create drowning hazards.
  • Poor water quality: If not correctly cared for, pool water can spread dangerous diseases or expose swimmers to chemicals.

These conditions can cause serious injury. It may be that the homeowner is liable, in which case a homeowner’s insurance policy is implicated. In some cases, the manufacturer of a pool part or product may be liable.

Children and Drowning Accidents

Drowning is the number one cause of accidental death for children under six years old. According to the State of California Department of Developmental Services, 33 children residing in California died in 2014 due to drowning in a pool. There were 52 drowning deaths total that year.

Because children are susceptible to drowning, pool owners have the responsibility to properly supervise children around pools. California requires that all new or remodeled pools since 2007 be enclosed by a fence that is at least five feet tall. The fence must have self-latching and self-locking gates.

If your child has been involved in a pool accident, the pool owner may be responsible. Even drowning accidents where the child survives can still leave the child with significant - often intellectual and emotional - issues.

Contact a San Jose, CA Swimming Pool Accident Attorney

The knowledgeable San Jose swimming pool accident lawyers at Jachimowicz Law Group will discuss your case with you free of charge in an initial consultation. Also, our firm typically takes swimming pool accidents on a contingency fee basis, which means you will not pay attorney’s fees unless you recover. Call 408-246-5500 to set up your first meeting.

 

Source:

http://www.dds.ca.gov/drowning/

http://homeguides.sfgate.com/pool-fence-regulations-landlords-california-8259.html

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top