San Diego Swimming Pool Accident Lawyer

The specific causes of accidents around swimming pools are too numerous to list here. There are three areas into which accidents with others responsible fall. In cases where others may be liable for your injuries or your loved one’s wrongful death, an experienced swimming pool accident attorney can help you. We will build your personal injury case to receive compensation for your losses.

Premises Liability Cases:

These cases occurred when a property owner or operator failed to prevent accidents from occurring that involved known hazards. California law has many rules and regulations involving swimming pool ownership and operation. Owners need to take steps to protect anyone entering their property.

These rules apply to:

• Private pool owners or homeowners.
• Private property pool owners of common swimming pools, such as in building complexes. Residents and guests may make use of the pool.
• Government or community agencies in charge of public pools.
• Renters or property operators on premises with pools.

Some issues considered premises liability:

• Improper (hidden) or non-existent warning signs for hazards. According to the law, some dangers are “open and obvious.” Still, there are few, and owners should not leave interpretation up to the courts.
• Lack of supervision. People who promise to watch a child need to do so to prevent accidents. Any pool open to the public needs a lifeguard or warning signs advertising the increased risk.
• Maintenance issues. Pools may need proper safety equipment or modifications. These can include cleaning equipment and chemicals, slip-proof surface tiling, adequately filled pools, and floatation devices maintained if provided.

Negligence:

Negligence is failing to do what anyone else in the same situation would do. You demonstrate negligence if you violate one of California’s many pool laws. You can be liable for someone else’s injuries or wrongful death on your property.

Negligence is demonstrated by:

• Establishing there is a duty of care that the pool owner must have towards those using the pool.
• Showing the owner violated this duty.
• Evidence that the breach of duty caused an accident that affected you.
• Proving the accident caused your injuries for which you need compensation.

Product Liability:

Product defect cases are straight-up liability ones. You do not need to prove the negligence of an unseen third party. If a product is defective, someone is liable. Those responsible for the issue may be manufacturers, wholesalers, retailers, assemblers, or installers. 

Issues can arise with faults in products, such as:

• Diving boards.
• Waterslides.
• Drains and drain covers.
• Sump pumps and other pool filtering equipment.
• Floatation devices.

There are three types of product defects:

1. Design defects that are present before an item is made.
2. Manufacturing defects that arise while an item is made.
3. Marketing defects are inadequate warnings and include recalls.

If you have a case where someone else has demonstrated liability for your injuries or wrongful death, contact our Mova Law Group – Personal Injury Attorneys law firm today. We will set up a free case evaluation to review your findings and establish a case to move forward.