Drowning

Across California, swimming is a popular sport — whether it happens in the ocean, lakes, or in pools.  Unfortunately, swimming can also be dangerous, particularly for children, who are at heightened risk for drowning and other swimming pool accidents.

Kids may die as a result of drowning, or suffer from brain damage if they survive a “near drowning.”  Anyone may experience a range of injuries while swimming, particularly in a pool, such as broken bones/fractures, traumatic brain injuries, spinal cord injuries, and lacerations.  Many of these injuries occur from falling or diving into shallow areas.

If you or a loved one have suffered a swimming pool accident or drowning, the Law Offices of Michael A. Kahn can help.  We offer free initial consultations, and never charge a fee unless we recover money for you.  Contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule an appointment.

How Drownings May Occur

In California, we are fortunate to live in a climate where we can swim almost year round through much of the state. Many homes have pools, and swimming facilities and other places to swim are plentiful.

While swimming is a great activity, it also presents certain dangers — particularly for kids.  Drownings and other types of swimming pool accidents are all too common.  Particularly with swimming pools, accidents often happen as a result of:

  • A failure to maintain equipment
  • Lack of barriers around the pool
  • Inadequate supervision
  • Failure to provide a safe environment
  • Unsafe equipment

Anyone who owns a pool is generally required to follow certain laws to protect others from the hazards associated with pools — particularly children. If you or a loved one has suffered a drowning or other swimming pool accident, a skilled California drowning attorney can advocate for you and help you recover the compensation that you deserve.

Liability for Swimming Pool and Drowning Accidents

In California, if a person is injured or drowns in a swimming pool or another facility, they may be held liable if they were negligent in their behavior.  Similarly, if the accident happened because of a defective product, the manufacturer, distributor, or seller of the product may be responsible for the injury or death.

Negligence occurs when a person fails to do what the average person would do in the same situation. A person who owns or operates a pool or another swimming facility has a specific duty of care: to provide a safe environment for people who swim at their facility. When that person fails to provide a safe environment in a way that an average pool owner or operator would, they have acted negligently.

This often happens due to negligent supervision.  If a swimming pool accident or drowning occurs, and the owner or operator failed to provide adequate supervision for swimmers, they can be held liable for any injuries. For example, a person has a pool in their backyard and invites the neighborhood kids over to swim, but then goes inside to take a nap.  If a child drowns, the owner could be held liable for negligent supervision because the average pool owner would not let children swim in their pool unsupervised.  Similarly, if the staff at a pool (such as lifeguards) is not adequately trained and/or certified, there may be an issue of adequate supervision.

There may also be situations where a pool owner or operator is considered “negligent per se” because they have violated laws regarding pools or other swimming facilities.  For example, if local regulations require a fence, a lockable gate, and other safety equipment, such as pool drain covers, and a child is injured or drowns due a violation of these rules, then the owner may be consider negligent on this basis.

Where a dangerous or defective product leads to a drowning or pool accident, the manufacturer, distributor or retailer of that product or equipment may be responsible for the person’s injuries or death.  This is a type of strict liability, which means that the victim does not have to prove negligence.

Whatever the underlying cause may be, a skilled lawyer can help you build a case for compensation.  Starting with an investigation, your attorney will determine liability and advocate for your rights.

Work with a California Drowning Attorney

Drowning and other types of swimming pool accidents can be particularly devastating.  A skilled lawyer can help you recover the damages that you deserve for your losses.

The Law Offices of Michael A. Kahn understands the devastation suffered by individuals and families after a drowning or swimming pool accidents.  We are here to help.  Contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule a free initial appointment with a California drowning attorney.

Need Help? Call us anytime at (310) 209-1600