Santa Barbara Pool Accident Attorney
Get Legal Help After a Drowning Accident
In the United States, thousands of adults and children are seriously injured or killed because of accidents involving swimming pools or hot tubs each year. In an average year (according to statistics compiled by the U.S. Consumer Product Safety Commission), more than 200 children drown and more than 2,000 others require emergency room treatment because of these accidents.
Annually, California is second only to Florida in terms of the number of swimming pool and hot-tub-related accidents reported. Many of these accidents result in serious injuries including paralysis and death.
At NordstrandBlack PC, we are able to provide experienced legal representation for people who have been injured in these accidents in Santa Barbara and all of Southern California, and on behalf of the families of drowning victims. Today, our attorneys are ready to start fighting for you.
Determining the Cause and Establishing Fault
Accidents involving swimming pools, hot tubs, home spas, or whirlpool saunas occur for a variety of reasons. In addition, there may be multiple sources of fault. In some cases, an adult guest at a private party may drown or be seriously injured in part because he was allowed to consume too much alcohol. In this situation, the host or homeowner may be held liable.
Other cases may involve negligent supervision by a lifeguard or inadequately trained employees of a camp or club. A case might involve a legal doctrine known as "negligence per se." An example of this might be an accident that occurs because the owner of the pool had violated an ordinance or regulation, such as not having the pool enclosed by a five-foot tall fence, or not having the hot tub properly covered while not in use.
Swimming pool and hot-tub accidents may also involve defective products. Examples of this include gate latches that do not close properly or faulty drain covers that lead to suction injuries and drowning deaths.
What About Diving Accidents?
Drowning is not the only danger for those around swimming pools; diving accidents can result in severe, sometimes life-altering, injuries. Most injuries due to diving accidents happen to the neck and spine, which can lead to tremendous pain, long-term recovery, and even permanent paralysis. While diving accidents certainly occur naturally with no one at fault, they are often the result of negligence on someone's part that results in serious injury.
For example, if a person is diving properly at a public swimming pool or similar facility, and an accident occurs, it could be due to someone else’s negligence. In one case, a diver struck a swimmer who was in the diving area because the pool owner failed to section off the swimming and diving portions of the pool. This negligence led to the diver being permanently paralyzed, and he was able to successfully bring a civil lawsuit against the city that owned and operated the pool. Determining where negligence and liability lie can be difficult, so do not take on such a task alone. Let our experienced, professional lawyers work with you and examine every aspect of your case.
One study in Europe looked at 34 different patients over a ten-year period who suffered spinal injuries due to diving accidents. Six of those people never recovered any sensation below the point of injury, and only about half of them fully recovered. The study showed that these serious injuries resulted in seven job losses and 11 divorces for those involved, which illustrates just how tremendous such an injury can be, and the consequences that result from a diving accident.
Slip-and-Fall Accidents Around Swimming Pools
"Slips-and-falls" make up a large number of the personal injuries claims in the United States. The wet conditions around a pool can create even greater potential for such injuries. While anyone enjoying a pool may reasonably expect slippery conditions and act accordingly, in some instances a slip-and-fall may be due to someone else's negligence. It is the responsibility of a homeowner to ensure all guests are able to use the pool area safely and with a reasonable expectation of precautions by the owner.
If, for example, materials were used around the pool that are notably slippery, rather than those that would minimize surface slipperiness, then an owner may be negligent for creating, maintaining, or failing to warn of this dangerous condition. Since the pool owner knows the area around the pool will get wet and can become slippery, it is the owner's responsibility to take reasonable actions to minimize the chance of a slip-and-fall. This also means the area around a pool must be kept free of obstructions such as large pool toys and other objects that can cause a person to trip.
Laws for pool safety in California include those governing the size of fences and gates that must be kept around a swimming pool. Failure to have a large enough fence or to keep a gate latched can also make someone liable for slip-and-fall injuries around a pool. This risk is especially dangerous for children, who often do not appreciate the dangers present in and around a pool.
Take Action to Protect Your Rights
NordstrandBlack PC has been successfully resolving negligence cases since 1989.
As soon as you hire us, our Santa Barbara personal injury lawyers will begin working to determine the cause of the accident and establish the negligence of those responsible. There is no reason for you to try to deal with insurance companies and hospital bills alone when someone else's negligence caused injury to you or a loved one. For a free consultation, call our law offices directly at (805) 962-2022 or contact us online.
November 30, 2018
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