Every single day, there is someone involved in a drowning accident in the United States, and statistics show that it is usually young children who are involved in drowning accidents. It is an issue that must be given serious consideration because drowning is the 5th highest cause of death or injury in the United States. Who is legally responsible when such a tragic drowning accident occurs?
Most cases involve parents not paying attention to their children, who wander near the pool and accidently fall into it. Losing a small child to drowning in your own swimming pool is tragic, which is why you must ensure that you have child-proofed the swimming pool.
There are countless cases of children involved in drowning accidents, and the CDC has compiled a list of the common factors that often lead to drowning among people, including:
One of the most common reasons for drowning among small children, is not having any barrier surrounding the swimming pool. You can be held accountable in a court of law if you or your child falls into the swimming pool and drowns, with no fencing set up around the perimeter of the pool.
There are lots of facets to consider when there is a drowning-related injury or death. These include supervision, the presence of any fencing, and the cause of the drowning death or injury. All states have different laws related to drowning accidents and personal injury litigation.
Therefore, it depends on which state the drowning accident took place, because there are exceptions to the law in every state, and you should know that this law doesn’t apply to pools within a subdivision, apartment complexes, or public swimming pools. In California, the responsibility lies with the homeowner or property owner to keep swimming areas safe and maintained. A public pool owner has even higher standards than a homeowner, including having trained lifeguards on duty and posting adequate signage around the pool.
For instance, if a child tragically dies or gets hurt due to lack of supervision, or if the pool area isn’t maintained properly, then the lawsuit will be of negligence against the parents and the property owners. If the accident happened due to the swimming pool not having proper fencing, then the charge will be of premise liability, and the property owner will be held responsible for hazardous conditions that they have knowledge of. If the property is a rental, the tenant will not be held accountable, because the dangers or hazardous conditions was not their fault.
If you’re a victim of a drowning accident, or know someone that suffered from a drowning injury, get in touch with a Los Angeles personal injury lawyers from the Law Offices of Jacob Emrani. We have all the expeirnece and resources to hold the neglgiient party accountable for a drowning accident.
You deserve justice: call us at (888) 952-2952