During the spring and summer, Los Angeles residents enjoy engaging in outdoor recreation and leisure activities. One of the most popular activities is swimming in private and public swimming pools. However, this activity poses a great risk of drowning. In fact, according to the US Consumer Product Safety Commission, approximately 400 deaths from drowning occur in the United States each year. Sadly, twenty-five percent of drowning victims are children. Drowning clearly can result in substantial physical injuries, medical bills, and lost income. The experienced attorneys at Slatter Law Firm will aggressively fight to recover the maximum compensation for your injuries.
Sadly, there are many misconceptions regarding drowning. One of the most common misconceptions is that those who can swim well will not drown. However, both adults and children have suffered drowning. Common causes of drowning include alcohol consumption, and adults’ medical conditions, such as cardiac or respiratory issues. Child drowning is usually caused by a lack of adult supervision. Regardless of the age of the drowning victim, drowning incidents are increasing at an alarming rate.
Cases involving drowning are governed by the laws of negligence. These cases are typically based on theory of premises liability. Under this theory, persons that own, possess, and control the property must maintain the property in a reasonably safe condition. Those persons typically include property owners, property management companies, landlords, hotels, and contractors. At public pools, potential at-fault persons include local municipalities and lifeguards. The law requires these at-fault persons to conduct routine inspections and repair or clearly warn of any unsafe conditions. This duty requires property owners to fence their pool and properly supervise children on their property. Similarly, the law requires businesses to fence the pool, place warning signs, and hire lifeguards to supervise pool users. If these persons fail to fulfill these duties, they may be at-fault for your injuries. Your personal injury attorney will conduct a thorough investigation to identify all at-fault persons.
In order to establish that the at-fault person was negligent, your drowning attorney must show the following:
- The property was in an unsafe condition;
- The at-fault persons knew or should have known about the dangerous condition;
- The at-fault person failed to repair or warn of the dangerous condition within a reasonable time; and
- The at-fault person’s failure to repair or warn of the dangerous condition was the legal cause of your injury.
When a person is drowning, his or her body lacks oxygen, which causes harm to internal organs, such as the lungs and the brain. Those rescued from drowning typically demonstrate symptoms of drowsiness, coughing, vomiting, and general difficulty breath. The associated harm to organs can sadly lead to death. In fact, according to the Center for Disease Prevention and Control (CDC), approximately 3,500 people fatally drown in the United States each year. In other words, about ten of these fatalities occur each day. However, California compensate drowning victims and the surviving heirs of the decedent for their economic and noneconomic damages. As such, it is important that you hire an experienced drowning attorney, who will identify all items of damages that you may recover.
Statute of Limitations
The statute of limitations for drowning depends on the identity of the property owner. There is a two year statute of limitations for cases against private property owners. However, if the owner is a public entity, such as a city building, school, or county hospital, an administrative claim must be filed with the entity within six (6) months of the date of injury.
Contact Us Today
Contact a Los Angeles personal injury attorney today if you or a loved one was involved in an accident involving a dangerous road condition. Slatter Law Firm has been helping individuals injured due to car accidents and slip and falls throughout Los Angeles and Southern California for over four decades. To schedule a free consultation, call our office at (310) 405-0964 or contact us online.