Maison Law stands beside families who have lost a loved one in a tragic pool drowning accident that could have been prevented. We help victims hold property owners, resort operators, and City Parks Departments responsible when victims are allowed access to unsafe pools. To find out how to hold at-fault parties fully accountable for their negligence, contact a skilled California personal injury lawyer and schedule a free consultation. It’s a confidential, no-risk way to determine how best to seek justice and secure support for the family members left behind.
Should My Family Talk to a Lawyer After Losing Someone in a Pool Drowning?
Families will usually benefit from discussing their case with a California wrongful death lawyer. It’s a critical step before signing off on any wrongful death settlement agreement. Nothing can bring back a lost loved one, but those responsible for a drowning should face justice. Close relatives left behind must also be supported as they must deal with funeral costs and the loss of income the deceased may have provided.
Those individuals and businesses who demonstrated negligence when a drowning accident occurred will often have the money to afford legal representation. A resort or city government may have a team of lawyers at the ready. These lawyers will work to try to shift blame to the victim or talk the family into accepting as little as possible in support.
A skilled California drowning accident lawyer aggressively protects families and demands what’s fair with as little disruption to the family as possible. Your family should be able to focus on mourning a precious life while having peace of mind that a guilty party will be held fully responsible.
Hazards at California Pools
California is a land of clear skies and lots of sunshine. All that great weather can leave residents and visitors searching for the nearest pool. Homeowners install pools so they never have to worry about finding a spot for a swim. Apartment residents may have a pool right outside their back door. Resorts and theme parks offer pools and water attractions to draw in tourists and locals. Cities also provide pools for public use.
Of course, any body of water carries tremendous risk for those who enter. KRON-TV in the Bay Area reported that California was the number two state in the union for pool drownings over a recent three-year span. From 2018 to 2020, 339 victims lost their lives in drownings in our state. Those figures included the heartbreaking deaths of 99 victims under 5 years old.
There’s no way to reverse the tragic results of a drowning. However, under California’s premises liability laws, pool owners and operators can be held responsible for deaths when they don’t do enough to keep swimmers and guests safe around water. These responsible parties won’t always automatically provide support to help victims’ families cope and rebuild their lives. That’s why it’s important to speak to a skilled California pool drowning attorney. An experienced lawyer can show families what insurance tactics to watch out for when filing a wrongful death claim and how to hold an at-fault party completely liable.
Negligence In Pool Ownership and Operation
Swimmers often forget safety as they focus on floating and lounging, but those who own and operate pools must show a “duty of care” to those who take a swim at all times. This duty of care means making sure pools are constantly monitored and that potential hazards around them are quickly cleaned up or repaired. When pool operators ignore their responsibilities to guests and someone suffers a near-drowning or drowning, property owners and business owners can be held liable for the consequences of their inaction.
These are just some of the duties that pool owners and operators can’t ignore:
- Providing the proper number of lifeguards
- Proper training for those lifeguards
- Providing proper safety devices and first aid for swimmers and disabled guests
- Maintenance of pools to prevent hazards with drains and other features
- Removal of slip-and-fall hazards that might send someone into the water while unconscious
- Preventing overcrowding
- Providing fencing and security measures to prevent unattended people from entering and suffering harm
Many California pool safety codes are in place to protect children who are the most vulnerable potential victims. Some state laws govern the height of barriers and walls that must be around certain pools to prevent unattended access. Pool and spa covers must also meet certain safety guidelines to prevent the entrapment of victims of any age.
Additional water entry alarms and other security devices are also easy ways to prevent a terrible drowning incident. The laws governing public and private pools in California can be found on the California Department of Public Health website.
Who Can Be Held Liable for a Pool Drowning Accident?
Any person who owns or operates a pool, or owns the land a pool is on could be liable for a drowning accident. When the pool owner is found negligent, families may file a claim and seek wrongful death benefits.
In some cases, there may be more than one party liable for an accidental death. Your pool drowning lawyer would be fully investigating what happened and holding every negligent party possible financially responsible for the drowning.
These and other parties could all share in the liability:
- The property owner or homeowner
- Landlord or property management company responsible for a pool at an apartment
- Resort or hotel owner
- A Home Owner’s Association (HOA) or Country Club responsible for a community pool
- Theme park and waterpark owners
- Companies that provide pool maintenance
- City or County Government that operates and maintains public pools
When a pool drowning is the fault of a city or county government agency, families must be cautious. Sueing a local parks and rec department will be complex.
Government agencies often hide behind powerful legal protections that make it harder to file claims against them. Families may have to file extensive paperwork simply to seek permission to file a legal claim after a drowning.
The deadlines for filing a claim after a death could also be much shorter when dealing with a city department. In normal cases, families have up to two years to file a claim. But a lawsuit targeting a city or county would have to be filed sooner. Make sure to consult with a skilled drowning accident attorney to cut through this red tape and avoid missing important time limits.
Compensation for Families After a Tragic Pool Drowning
Close relatives are empowered by California Law to file wrongful death claims after losing a loved one in a preventable drowning. The spouse, domestic partner, and children and grandchildren of the victim could file this civil claim on behalf of the rest of the family. Anyone who can prove they were financially dependent on the victim could ask for support from an at-fault party.
A California wrongful death lawyer can also file this claim on behalf of eligible family members. The lawyer would make sure the family didn’t miss time limits and received the maximum in compensation available to provide for the family in the future.
These and other factors would determine the size of the wrongful death settlement or judgment:
- Totals on leftover medical bills and ambulance fees.
- Support to pay for a funeral and burial.
- Reimbursement for the wages the victim can no longer contribute to the family in the years to come.
- The emotional hardships a family will obviously suffer. Children must receive support for the love and guidance they’ll miss out on in the years ahead.
- Cost of psychological counseling for family members to help them cope with the loss.
- Loss of consortium. (The lost support of a spouse or partner)
Families seeking this support should not feel conflicted about focusing on financial worries at such a difficult time. Unfortunately, families who have lost a loved one will be hit with many unexpected bills. It’s important to take action quickly to see that these expenses fall to the responsible pool owners and operators.
Families must also act quickly to protect their futures when a lost loved one won’t be able to contribute to their financial and emotional wellbeing.
Parents Filing a Wrongful Death Claim After a Child Drowning
The parents of a child lost in a pool drowning accident are also able to hold a negligent party responsible. Parents can seek support for many of the hardships listed above.
A mother and father, or guardians of the child, could also hold an at-fault party accountable for the companionship and love the child would have provided over a lifetime that’s now been lost. The life expectancy of the child could factor into the size of a wrongful death settlement.
Schedule a Free Consultation with a California Drowning Accident Lawyer
After a careless pool drowning accident claims the life of a loved one take action to seek justice from a negligent property owner or business owner. Contact the skilled California Drowning Accident Lawyers at Maison Law, for a free consultation and case evaluation. It’s a no-risk way to find out how to keep a negligent party from avoiding blame and how to secure every benefit possible for your family after a tragedy.
There’s no obligation, but if you do feel we can help you earn more to support your family, you won’t need to worry about having money to hire Maison Law. We don’t get paid unless we win your case for your family. Then our fee comes out of the support you earn from an at-fault party.
