Maison Law represents drowning accident victims in Santa Barbara. These accidents can happen anywhere there’s water, which is plentiful throughout the area. One of the most common sites, though, is at a pool. If you or someone you know has been hurt in a drowning accident at a Santa Barbara pool, contact us today for a free, no-obligation consultation.
When You Need a Lawyer
Whether it happens at a public pool or at your very own home, drowning or near-drowning is very scary. And yet, you still have legal rights in place should you or a loved one be involved in one of these accidents. Hopefully, your incident was just minor, and won’t require legal help. However, given that many drowning accidents leave you with serious injuries, it’s helpful to have the right team on your side.
We’ll investigate what caused the accident, gather evidence, and figure out who’s responsible. Then, we’ll calculate what you’re owed and deal with your insurance company. We’ll guide you through the legal process and handle the paperwork, making things easier for you and your family.
For many of these accidents, it’s not just about what you need but also what you can prove. One way or the other, the legal process is going to be important for your recovery.
What Are Your Legal Options After a Drowning Accident?
Legally speaking, you have the same rights after a drowning accident as you would in any other type of accident. Most of the time, you can either file an insurance claim or go straight to a lawsuit to recover “damages.”
These damages refer to your injuries and other losses from the accident. Every case is different, but the following damages are generally available:
- Medical expenses – Payment for medical expenses covers hospital bills, medications, surgeries, and any needed medical devices resulting from the accident.
- Pain and suffering – You can receive financial consideration for the physical pain and suffering endured due to the accident.
- Lost wages – This includes coverage for any income you’ve lost and potential future earnings affected by the accident.
- Emotional distress – Financial support relating to any emotional distress from the accident, including issues like PTSD.
- Reduced quality of life – If the accident leads to a diminished quality of life, compensation is provided to address these changes.
- Wrongful death expenses – In the event of a fatal drowning, surviving family members can receive financial assistance for funeral or burial expenses, as well as for the loss of companionship.
Liability
Each drowning accident has its own unique circumstances, and the outcome depends on the specifics of your incident. But figuring out who’s responsible for paying for your damages involves understanding the concept of liability, and also the circumstances of your particular accident.
There’s a number of pools in Santa Barbara, both public and privately owned. Where your particular incident happens is going to go a long way in determining liability.
Generally, if the drowning happens at a public pool, the city, state or specific department that runs the pool is going to be responsible. There are several public pools throughout the city, including:
- Los Banos Del Mar
- Ortega Park Pool
- Oak Park Wading Pool
On the other hand, if the pool is privately owned, the owner or management company is going to be responsible. In addition, others involved, like lifeguards, product manufacturers, or even others at the pool can share liability if they contribute to the accident.
What Types Of Injuries Can You Expect To Have in a Drowning Accident at a Pool?
Just because a pool is relatively calm doesn’t mean that there’s not the risk of a drowning accident. The unfortunate reality is that drowning or near-drowning can happen anywhere there’s water. Most of the time, though, a drowning at a pool is going to result from things like:
- Inadequate staffing, especially of lifeguards and safety personnel
- Inexperience or inability to swim
- Lack of barriers or covers
- Distractions
- Lack of supervision
Once there’s drowning or near-drowning at a pool, the injuries look similar to others involving water sources. You can expect to have to deal with any of the following injuries:
- Death – The main worry in a drowning is, of course, the risk of asphyxiation and death if not rescued quickly.
- Brain damage – Oxygen shortage during a drowning can lead to brain damage, from slight cognitive issues to severe neurological problems.
- Respiratory problems – Even in non-fatal drownings, there can be breathing problems like pneumonia, lung damage, or respiratory distress.
- Muscle strains or tears – Panic during a drowning can cause injuries like sprains, strains, fractures, or dislocations.
- Head and spinal injuries – Impact with hard surfaces during a drowning can result in head trauma, concussions, or spinal cord injuries.
- Injuries during rescue – Both the victim and rescuer may get hurt during rescue attempts, including bruises, cuts, or fractures, especially if done quickly or without proper training.
- Psychological trauma – Drowning accidents can lead to psychological issues like PTSD, anxiety, depression, or fear of water, often needing long-term therapy.
Regardless of the nature of the mishap, your well-being and safety should be the top priority. In the event that you’re involved in a drowning or near-drowning, it’s important to do a few things. First, call for help. Most pools will have lifeguards patrolling, but they might not be able to respond quickly if the pool is overcrowded. From there, once you’re able to get help, alert the pool or owner of what happened and make sure they take steps to fix any problems. From there, get medical help as soon as you can.
Once you’ve taken care of your safety and health, it’s crucial to consider the legal aspects of your potential claim. Rest assured, we’re here to offer assistance and stand by you every step of the way.
Drowning Accident Victims in Santa Barbara Can Trust Maison Law
When you go to your local community pool or are trying to enjoy time with your family in your backyard pool, you probably don’t expect there to be a drowning incident. Unfortunately, this is something you may have to deal with. When you do, you can trust our team of Santa Barbara drowning accident lawyers at Maison Law. We’ll explain your rights and what you can do to start a recovery. Don’t hesitate–contact us today for a free consultation.
