Maison Law’s Bakersfield drowning accident lawyers can represent you or a loved one that’s been hurt in a pool accident. Drowning or nearly drowning, whether it’s at a public pool or your own home, is really scary. But if you or someone you care about is involved, you still have legal rights. Contact us today for a free consultation to talk about your rights and options.
Why Would You Need a Lawyer?
Considering that drowning or near-drowning accidents can happen at any pool, the possibility of such an incident becomes more real. Even though you aren’t required to have a lawyer, a pool drowning or accident can leave you or your loved ones seriously hurt.
At the same time, even a drowning accident can vary in terms of its severity. If your injuries are minor, you may not need legal help. Yet, in the case of serious harm from your drowning accident, our skilled team can assist you by:
- Explaining your options
- Figuring out legal responsibility
- Gathering evidence
- Evaluating your damages
- Negotiating with insurance companies
- Making things easier
There’s no denying that a drowning accident at a pool (or anywhere else) is very scary. Yet, in the eyes of the law, it’s the same as any other type of accident. And the starting point in a pool accident in particular is figuring out who’s responsible.
Who’s Responsible For a Drowning Accident at a Pool?
Even at a pool, every drowning incident is different, and what happens next depends on the details of what happened. Understanding who is responsible for paying for any damages involves knowing about liability and the specifics of your accident.
In Bakersfield, there are lots of pools, some owned by the city and others by private homeowners or property management companies. Where your accident happened will determine who is held responsible.
Usually, if the drowning happened at a public pool, the city or particular agency in charge of the pool is responsible. Bakersfield has many public pools, including:
- McMurtrey Aquatic Center
- Jefferson Pool
- Martin Luther King, Jr. Pool
- Silver Creek Pool
So, if the accident happens at one of these pools, it’s likely that your claim will be against the City of Bakersfield. However, there’s also a huge number of pools that are at private homes or apartment complexes. If your drowning accident happens there, it’s the homeowner or property manager that’s responsible for your damages.
Then, depending on the circumstances, liability can extend to others involved. This can involve:
- Lifeguards
- Product manufacturers
- Others at the pool, if their actions contribute to the accident.
It’s not just about who’s responsible, it’s about how injured you are. Regardless, the legal process is crucial for your recovery.
Injury Claim Options After a Drowning Accident
Legally, your rights after a drowning accident are the same as in any other accident. Typically, you can either file an insurance claim or proceed directly to a lawsuit to seek financial support for “damages.”
These damages refer to the injuries and losses suffered in the accident. While every case varies, the following damages are generally available:
- Wrongful death expenses – If there’s a fatal drowning, your surviving family members can receive financial assistance for funeral or burial expenses, as well as financial support for the loss of companionship.
- Medical expenses – Coverage for hospital bills, medications, surgeries, and any necessary medical devices resulting from the accident.
- Pain and suffering – Financial support for the physical pain and suffering endured due to the accident.
- Lost wages – Financial considerations for any income lost and potential future earnings impacted by the accident.
- Emotional distress – Financial considerations for any emotional distress caused by the accident, including conditions like PTSD.
- Reduced quality of life – Financial support for any decrease in quality of life resulting from the accident.
As a drowning accident victim, it’s up to you to show the extent of your damages. Then, what you’re able to recover depends on how strongly you present your case and whether or not you follow the proper procedure. This means filing within California’s statute of limitations, which is two years from the date of the accident.
Supporting a Pool Drowning Accident Claim
Responding effectively during a drowning incident can be challenging due to its sudden nature. However, given that a pool is a very common place for this to happen, it’s crucial to know what steps to take to support your potential claim:
- Call for help – First things first, call for help if you or someone else is in danger. Seek aid from a lifeguard or any trained individual nearby. Additionally, call 911 for immediate response.
- Get medical attention – Once EMTs arrive, get prompt care for any immediate injuries. After you’re stabilized, get further medical care at a doctor’s office or hospital.
- Report the incident – Notify the people in charge to address the situation and rectify any safety concerns. Reporting the incident can also serve as evidence of negligence if necessary.
- Gather details and evidence – Collect information about the responsible parties and the circumstances of the accident. Take photographs of any hazards and maintain records of medical bills and communications related to the incident.
Causes of these accidents
Even though a pool is a relatively stable and calm water source, that doesn’t mean there aren’t hazards that can cause drowning. Part of being prepared for these incidents means understanding these different causes. Usually, they revolve around:
- Not enough supervision – If there’s no responsible adult or lifeguard watching swimmers, especially children, accidents can happen without anyone noticing until it’s too late.
- Distractions – Being distracted by activities like texting, reading, or playing games while in or around the pool can prevent a lifeguard or someone in charge from noticing when others are in danger.
- Lack of safety equipment – Sometimes, especially at private pools, there’s either not enough safety equipment or none at all. This can make them liable if there’s a drowning.
- Poor maintenance – Neglecting to properly maintain the pool, such as not cleaning debris or maintaining water quality, can create hazards that contribute to drowning accidents.
- Inadequate barriers – Failing to secure the pool area with proper fencing or barriers can allow unsupervised access, especially for young children, leading to potential accidents.
No matter what the cause is, it’s important to react quickly to prevent any further injury. Again, it’s about protecting your health and safety first, and then you can start worrying about your legal options. Our team will be there to support you throughout the process.
Contact Maison Law After a Pool Drowning Accident in Bakersfield
At Maison Law, we know that a fun day by the pool in Bakersfield can become dangerous if a drowning accident occurs. Our Bakersfield drowning accident lawyers are here to help if you face this situation. We’ll guide you through the claims process and support you during your recovery. Contact us today for a free consultation to get started.
