Sacramento Swimming Pool Accident Attorneys
Providing Caring Legal Counsel to Injured Individuals
With such beautiful, seemingly never-ending summers, many Sacramento residents enjoy spending time at the pool. Unfortunately, accidents can happen both during peak season and offseason. Crowded pools can be hazardous, as people can easily drown unbeknownst to others; empty pools pose risks to wandering children.
If you were injured in a swimming pool accident due to another’s negligence or poor swimming pool design, you can fight to hold the at-fault party accountable through the civil justice system. At Kershaw, Cook & Talley, our Sacramento swimming accident attorneys are skilled in handling these claims and want to hear about your case. We can discuss your legal options to assist you in determining the best route of legal action for your case.
Call Kershaw, Cook & Talley at (916) 520-6639 to arrange a free case consultation.
Common Causes of Swimming Pool Accidents
Drowning and near-drowning are among the most common accidents taking place in swimming pools. While movies may portray drowning as an injury that is easily recovered from, it is a huge problem in the United States. The Centers for Disease Control and Prevention (CDC) estimates that 10 people die every day as a result of unintentional drowning, amounting to thousands of lost lives every year. The CDC further reports that one in five of these individuals is a child under the age of 15, with about 5 times as many children requiring emergency care for nonfatal injuries. For young children, home swimming pools pose the highest risk of drowning.
There are other injuries that can happen in a swimming pool. Some common examples that are likely to qualify for a claim include slip and fall injuries on wet ground, electrocution, traumatic brain injuries, diving and/or diving board injuries.
Who Can Be Held Liable for a Swimming Pool Accident?
Since swimming pools exist on either public or private property, if the hazardous condition was created or left unremedied by the property owner, you can hold them accountable in a court of law. Per state law, property owners are obligated to provide a reasonable standard of care to all lawful visitors on their property. When this duty is breached, they are considered negligent, and if this negligence leads to an injury, they are on the hook for any damages incurred by the injured individual.
A few examples of unsafe circumstances that a property owner may be held liable for should someone be injured include:
- Wet floors free of warnings
- Lack or complete absence of pool safety equipment
- Lack of attending staff, such as lifeguards for large pools
- No protective barriers enclosing the pool
- Open wiring near the water
These cases would fall under premises liability law, a practice area our swimming pool accidents lawyers have extensive experience in.
Pool Manufacturer, Retailers, and Distributors
If the design of the pool or a part of the pool (such as the filter) was poorly designed or defective, then you might be able to hold the pool manufacturer, retailer, or distributor responsible for injuring consumers with a dangerous product. You will need to prove that the product was the issue in this type of suit, which may be difficult without the help of an attorney and their firm’s resources. Thus, it is wise to discuss your case with an attorney.
Other Negligent Third Parties
Schools and daycare centers are legally responsible for children under their care, so if your child was injured while in a daycare pool or on a school trip, these organizations can be held accountable. Usually, these lawsuits will be filed against the daycare/school itself, not the attending employee.
You may also be able to file a suit against your employer if you were injured at a work event taking place at a pool. In this case, a workers’ compensation insurance claim may be your best bet, but you may also be able to file a personal injury claim if you suffered non-economic damages, such as emotional distress or pain and suffering.
More Than $1 Billion Won for Injured Sacramento Residents
The Sacramento drowning accident lawyers at Kershaw, Cook & Talley have successfully recovered over $1 billion in verdicts and settlements for our clients and are nationally recognized for our work by the American Association for Justice, Super Lawyers®, and Martindale-Hubbell. If you are seeking legal counsel from a firm with a proven track record of success, Kershaw, Cook & Talley is here to help you.
Contact us online today to schedule a free consultation of your case.