Best Lawyers Near Los Angeles

Who Do You Sue In Pool Injury Claims In California?

Who's To Blame For Your Swimming Pool Accident In California?

A swimming pool injury can turn a great day into tragedy more quickly than anything else. Only a few minutes at the ocean's bottom can cost the victim and their family a lifetime of agony and despair. In California, substantial compensation is available to help these families.

However, you must be aware of your personal injury rights to receive compensation for medical bills and other damages.


california attorney personal injury

If someone is injured in a swimming pool accident, the property owner may be responsible for damages. In addition, whether it's a public institution or a private dwelling, owners are accountable for maintaining their property secure for guests.


Understanding the legal requirements for pursuing a swimming pool accident claim in California might help victims and family members decide on taking legal action.


1. Liability In Privately-Owned Swimming Pools

If the swimming pool is privately owned, premises liability laws may make the pool owner liable for any injuries. As a result, visitors to a property are legally required to be safeguarded. To avoid accidents and injuries, property owners must adopt appropriate safety precautions.

These legal requirements apply when:

  • Someone is on the property for the owner's benefit, such as delivering requested services like gardening or childcare.

  • When children are allowed into a home, the property owner has a greater responsibility to ensure that all children are adequately supervised while near the pool.

  • If you invite your neighbors over and one of their children drowns accidentally in your pool, the child's parents may sue you for carelessness.

To win a premises liability case in California, a plaintiff must establish that the swimming pool owner failed to meet their duty of care to visitors when someone fails to act so that an average person would in a particular scenario; this is called negligence.


california personal injury lawyer

If a pool owner fails to fence an in-ground pool, offer enough supervision for visitors, or properly maintain their pool, they may be considered negligent.


However, not all accidents and injuries are the same. Therefore, even if your situation isn't listed here, it doesn't mean you don't have enough grounds to submit a claim in California. To assist you figure out the damages and compensation you require for your injuries, contact a California Attorney For Personal Injury.

What About Trespassers?

Trespassers are adults who have not been invited as visitors or conscripted service providers on the property and are thus legally liable for any damage they sustain while on private property.

On the other hand, pool owners have been deemed an "attractive nuisance" and are held liable for minors illegally accessing the premises. As a result, pool owners should make every effort to keep children away from their pools.

2. Liability In Public Swimming Pools


Although public pool operators, like private pool owners, are legally accountable for their facilities, many will require patrons to sign a liability waiver before entering the pool. Another practice is for public pool management to put signs saying that pool users relinquish their legal rights, which eliminates the need for patrons to sign a written waiver.


Whether or not these disclaimers are legally enforceable is still being debated. Guests cannot, in general, absolve a pool owner of liability for injuries caused by the owner's gross negligence or recklessness.


You may be able to sue even if you signed a liability waiver if the pool owner purposely pushed you into the pool. Waivers containing language like "users disclaim all liability" are misleading because pool guests may still be able to initiate a legitimate case despite signing a release.

As a result, you should seek the advice of a California Attorney For Personal Injury to assist you in constructing your case.

3. Liability On Government-Owned Pools

What about public pools, such as those operated by your city's Parks and Recreation Department? On the other hand, government-owned pools are subject to the same premises liability limitations as private pools.


A private citizen cannot sue the government in a standard civil action. Instead, you must follow the steps laid out in the California Tort Claims Act, which governs claims against government entities.

This method differs from filing a typical case in that it has a considerably lower time limit and certain restrictions. Therefore, consulting with a California Personal Injury Lawyer before making any legal claim is wise.


personal injury attorney los angeles

Find Top-Rated Personal Injury Attorneys In Los Angeles Near Me

1000Attorneys.com is a California Bar Association Certified Lawyer Referral Service that can refer you to a prescreened California Attorney For Personal Injury best fit to handle your claims. You can contact us through our 24/7 Live Chat or complete our inquiry submission form for a free initial case review.

7 views
Best Lawyers Near Los Angeles

California State Bar Certified Lawyer Referral And Information Service

1000Attorneys.com is a California State Bar Certified and approved Lawyer Referral and Information Service.

We provide unbiased and impartial lawyer referrals. This service isn't owned nor operated by lawyers receiving referrals.

 

Our objective is that you receive the best comprehensive, high-quality legal representation while holding California attorneys to the highest standards of professional conduct.

Why Lawyer Referrals Matter

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We conduct due diligence by researching and recommending the best local attorney for your case. 

 

Our team of experts verifies that attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

Learn more about attorney discipline here:

 

Our History 

 

Since 2005, we have assisted people who need legal representation but whose ability to locate reputable California Lawyers is frustrated by unreliable law firm marketing of self-promoting lawyers and biased legal advertising.

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes. 

 

A free 30 minute consultation with the attorney will be offered to each referred client. 

A representative will follow up a few days later via email with the client after receiving a referral for quality management purposes, or to obtain the status of the case. 

About lawyers from our network


California lawyers in our network are insured, in good standing with the California State Bar, and have substantial experience in their practice area.

 

Attorneys are available in most areas of law throughout Southern California. Every lawyer in or network has been vetted for:

  • Credentials

  • Education

  • Communication skills

  • Performance

  • Client reviews

  • Fair legal fees

  • Continuing education

  • Professional affiliations