When a swimming pool accident happens in Carlsbad, who is liable? The answer to that question will depend upon the type of accident and how it happened. In many cases, the owner or renter of the property where the swimming pool accident happened may be liable, but there are also circumstances in which another party’s negligence or legal responsibility could affect your claim. Our Carlsbad personal injury lawyers can provide you with more information about liability for common types of swimming pool accidents.
Drowning and Near-Drowning Accidents
The American Red Cross urges parents and caregivers to learn more about drowning, and to recognize that it is the leading cause of death for children in the U.S. Drowning can occur when kids are unsupervised in a pool or hot tub, or in situations where a swimmer is intoxicated and drowns, and even in circumstances involving intentionally wrongful acts. In some rarer cases, drowning can result from defects in one of the pool parts, such as a drain that traps a person’s swimsuit and holds them underwater, or when a defective pool drain causes suction injuries.
Who is liable for drowning and near-drowning accidents? The answer varies depending upon how the drowning or near-drowning accident occurred. In circumstances in which a child was unattended, the owner or renter of the premises could be liable in a premises liability lawsuit, or if the accident occurred at a commercial or public pool, the facility or a negligent lifeguard could be liable. When defective pool parts cause injuries, it may be possible to file a product defect claim against the designer or manufacturer of the defective part.
Slips and Falls Around Pools
Slip and Fall accidents are also extremely common swimming pool accidents that occur around pool decks. When these accidents happen, the owner or renter of the property with the pool could be liable, or another pool guest could be liable if the slip and fall resulted from another patron or guest running around the pool deck.
In situations where a person’s own negligence—such as swimming while intoxicated or running on a pool deck—plays a role in the accident, that person may still be eligible to seek compensation from another negligent party under California’s comparative fault system. California has a pure comparative fault law, which means that a plaintiff can recover damages as long as the defendant is even 1% at fault, but the plaintiff’s award will be diminished by their portion of fault.
Pool Chemical Injuries
Pool chemicals can also cause injuries. According to the U.S. Centers for Disease Control and Prevention (CDC), injuries caused by pool chemicals result in more than 4,500 visits to emergency departments every year on average. These injuries can be caused by skin exposure or, more often, by inhaling vapors. The owner of the pool who is responsible for ensuring that the chemical balance is correct could be liable, or the maker of the pool chemicals could be liable if the injury resulted from defects or tainted products.
Contact a Carlsbad Personal Injury Lawyer
If you need help filing a swimming pool accident claim, one of our Carlsbad personal injury lawyers can assess your case and help you to move forward. Contact the Walton Law Firm today.
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