What’s more iconic than Southern California, summer, and swimming pools? Whether it’s a public pool, an above-ground pool wedged into a small backyard, or an inground pool fit for a movie star, we have them. Unfortunately, these fun escapes from the heat can be places where people can be seriously injured or killed.
If you or a family member are severely injured or killed due to someone’s negligence, Castillo & Associates’ Southern California personal injury attorneys are here to help you protect your legal rights and interests. Call our personal injury law firm today at 800-497-9774 for a free consultation.
There are Hundreds of Thousands of Swimming Pools in California. Each One Could Be the Site of a Tragic Accident
California’s 1.343 million swimming pools rank it only behind Florida (1.59 million) as the state with the second highest number of pools, far ahead of state number three (Arizona) at 505,000, according to Pool Research.
California pools have been the scene of 367 deaths from 2019 to 2021, reports Quote Wizard, an online insurance marketplace. Those younger than 14 were 120 of the fatalities. The nationwide death total for the 2019 to 2021 timeframe is 2,454, and nearly 700 of them were children younger than five. The summer months account for 65% of pool-related deaths.
Nationwide, there were 18,600 non-fatal drownings of children during these three years. Most (75%) involved children younger than five, and half were at a private pool. A quarter happened in public pools, and the rest occurred elsewhere.
If a person survives, they may suffer the following:
- Pneumonia from water inhaled into the lungs
- Brain damage if oxygen is cut off from the brain
- Heart and kidney damage
- Psychological trauma
Drowning is in the top 10 reasons for childhood deaths worldwide, according to the Merck Manual. In the US, drowning was the top cause of injury mortality in children one to four years old in 2020. Only motor vehicle accidents killed more kids five to nine years old. It’s not just children who are in danger. Drowning was in the top 10 causes of unintentional death for everyone younger than 55.
What is Negligence?
Just the fact someone was injured or killed at a swimming pool doesn’t mean there are automatically grounds for an insurance claim or lawsuit. A crucial part of Castillo & Associates’ job for our clients is investigating what happened, why, and who’s responsible for an injury or death. If the facts show negligence may have been a cause, we’ll talk to our clients about their options for obtaining compensation.
Negligence is the basis for nearly all personal injury lawsuits and insurance claims. It’s a legal theory involving a failure to exercise the necessary level of care that a reasonable person would use, given the circumstances. Generally, a plaintiff (the party suing) has the burden of proving the following elements:
- The defendant (the party sued) owed a duty of care to the plaintiff to do something or refrain from doing something in the situation
- The defendant breached or failed that duty by not acting with the level of care a reasonable person would use under similar circumstances
- The breach caused, factually and legally (or proximately), partially or entirely, the harm or injury to the plaintiff
- The plaintiff suffered harm or damages (measuring harm in dollars) due to the defendant’s negligence. These damages may be emotional, physical, or financial
- Under California law, the defendant is obligated to pay the plaintiff the damages they suffered
A party’s liability insurance coverage normally covers negligence. Insurance companies pay for their insured’s legal defense, claim settlements, and jury verdicts against them unless the incident is excluded from coverage up to the policy’s loss limit.
How Could Negligence Cause Someone to Drown?
The defendant’s negligence could include the following:
- Failing to supervise swimmers
- Using defective equipment
- Allowing intoxicated swimmers in the pool
- Failing to secure the pool and prevent people from getting in it
- Failing to have or properly train lifeguards
Often, swimming pool accidents are caused by multiple negligent acts that result in injuries or death. Drownings aren’t the only danger caused by swimming pools and negligence. People could slip and fall on a wet surface, an improperly wired swimming pool could electrocute a swimmer, and diving or jumping into shallow water could cause spinal injuries or broken bones.
Following an Inland Empire Swimming Pool Accident, Protect Your Rights by Speaking to a Castillo & Associates Personal Injury Attorney
If you or a family member are injured or killed in a swimming pool accident, act quickly and contact Castillo & Associates. There’s a strict statute of limitations, or deadline to file a lawsuit, in California. Missing it can mean your compensation claim ends. Call us at 800-497-9774 today to talk to an experienced Inland Empire swimming personal injury lawyer.
