Stockton Swimming Pool Accident Lawyer | Free Consultation

Swimming pools are a great way to beat the heat and have fun during the warm summer months in Stockton. However, some risks cost lives and result in many injuries each year. According to the Centers for Disease Control and Prevention, drowning is the fifth major cause of accidental fatality in all age groups. However, there are many other reasons an injury or fatal accident can occur, including drowning while swimming in a private or public pool, which we explore in this article.

The Consumer Product Safety Commission estimates that there are around 5,700 children treated each year at emergency rooms due to a swimming pool accident. The reported incidents included near drownings, pool drains, exploding filters, slips, and falls. The most common injury and fatality cases involving a swimming pool or spa are caused by the following dangers.

Public education and other safety measures have recently lowered the number of child drownings in California. For example, in 2017, the governor passed and signed legislation to require two of seven safety features to prevent drowning to be included in new construction and remodeling of existing home pools. A person is considered drowned if they survive less than 24 hours after the accident because some can be brought back using artificial respiration but die shortly afterward.

Near drowning occurs when someone is underwater long enough that systems in the body begin to shut down due to the lack of oxygen. Complications from near-drowning may include brain injury, pneumonia, imbalances of chemicals and fluids in the body, or acute respiratory distress syndrome.

These injuries include diving into the pool from the side or using the diving board. The majority occur when a diver misjudges the depth of the water or distance before leaping. Cervical spine injuries are common in this type of swimming pool accident and result in partial or complete paralysis, requiring around-the-clock care and causing permanent disability.

Pool toys that have defects or don’t work correctly can trap children or even adults, so they end up under the water and can’t escape. Pool toys can also flip or get tangled, which keeps the person, especially children, from surfacing until it is too late.

Entrapment in swimming pools or spas occurs when someone gets stuck in a suction port. Commercial and private swimming pools all have to recirculate the water using suction to pull it out of the pool. The entanglement of hair, body, or clothing/jewelry is deadly to the swimmer. 

Bad wiring and faulty lighting can lead to an electrocution accident or stun the swimmer so that they drown. Having a licensed electrician check the pool regularly for signs of shorts or other problems can help prevent this type of accident.

Swimming can be fun, but it can also be dangerous. Some of the following tips can help you and your loved ones and friends stay safe:

• Don’t swim alone, and use a buddy system, even if you’re an adult.
• Supervise your family’s children while they are in a swimming pool. This isn’t supervising them while you are in the water too. The person keeping a lookout should be sitting within sight of the swimmers and not drinking alcohol.
• Swimmers with little experience and small children should wear a life jacket certified by the Coast Guard. While there are other products on the market, they don’t necessarily provide enough protection.
• Children should not play games in the water where they hold their breath to see who can do it the longest. This is a good way to drown because they might pass out underwater. 
• Get into the water feet first because serious injuries can occur if it is too shallow. If there is no designated area for diving, children may get reckless. Just tell them diving is not allowed.
• Swim areas are designated for a reason. Explain to your children the ropes that provide dividers in swimming pools. Don’t allow them to cross those ropes if they can’t swim in deeper water.
• Don’t drink and swim. Teens and adults should be aware of the dangers of swimming when they’ve been drinking. Although alcoholic beverages are illegal for teens, they still sometimes manage to get hold of them. Drinking and getting into the water can lower your body temperature and affect the individual’s ability to swim and their balance, coordination, and judgment. This can lead to a dangerous or lethal accident.
• Don’t go anywhere near the pool drains. It’s a good idea to show your children the pool drains and warn them to stay far away. It’s essential for adults, too, because of the dangers.
• If someone is in trouble in the water, don’t jump in and swim over to help them because both of you could be in danger of drowning. Use a long-handled leaf net or another long object they can grab onto and pull to safety. 
• Finally, learn CPR because it can save a life, including your family members. You can get certification in CPR at the American Red Cross and other organizations. Make sure you keep it up too.

If the accident was caused by negligence, yes, you can. If someone in your immediate family drowns, the representative of the estate or loved ones can file a claim for wrongful death to recover damages. If an injury occurs at the private pool of a friend or acquaintance, the person who owns the property can be liable. They can also be liable for injuries if the accident occurred because of negligence.

Public pools include those found at resorts, hotels, health clubs, parks, housing complexes, some schools, and others. Again, the owner or whoever is responsible for the swimming pool’s upkeep and safety can be held financially responsible if an injury or fatality occurs. Emergency information should be provided in the pool area in the event of an accident, a lifeguard should be on duty in certain instances, and warnings should be posted. In addition, safety equipment such as life rings, and poles should be present if needed. Our investigators will conduct a thorough search to determine if negligence was the cause of your accident and gather the evidence to support your claim. 

If you suffered an injury or a loved one died, it is essential to seek the help of a Stockton swimming pool accident lawyer as quickly as possible. Many times, accidents involving swimming pools are the result of negligence on the part of property owners or equipment that is defective. An investigation into the cause of the accident must be conducted quickly before it disappears or is covered over. 

Stockton’s swimming pool accident attorneys have extensive resources and experience handling these cases. Because catastrophic injuries and fatalities can occur in a swimming pool accident, a careful investigation is required to obtain the evidence to support the client’s claim and the maximum compensation. 

There are some things the injured person or their family can do to support their claim for compensation following an accident at a swimming pool caused by negligence such as the following:

• Go immediately to the hospital emergency room if a child is injured in the accident. A swimming pool accident can cause life-threatening complications; medical care is essential.
• Call local authorities to report the accident. Police will come to investigate what happened and write a report, which helps to document your injury.
• Have someone at the scene photograph the area, mainly how the accident occurred. For example, the pool pump, fencing, safety equipment or lack thereof, loose cords, and floatation devices can be implicated. Your Stockton swimming pool accident attorney can use these photos to look for signs of negligence, so the more photos taken, the better.
• Keep quiet about the fault. People who are injured in an accident often say things that are innocent enough but can be twisted into a confession of guilt by insurance companies. Let your lawyer do the talking for you.
• Stay off of social media while your accident case is in progress

Here are some tips for choosing a lawyer following an injury accident, as explained by attorney Ed Smith:

If you were injured or a loved one died due to a negligent swimming pool or spa owner, you may be able to recover compensation. You are welcome to contact our injury lawyers for their free and friendly advice by calling us at (209) 227-1931 or (800) 404-5400 to arrange an appointment in person or virtually. 

Our legal team can review your situation, give you your options going forward and answer any questions you might have. If you prefer, we can also be contacted online. Here is a link to our Settlements and Verdicts page, where you can learn more about our help to others.

^{Editor’s Note: updated [cha 8.1.23] Photo attribution: David Mark from Pixabay cd [1571] bw}