Swimming pools have long been the height of backyard luxury. They not only add value to your property, they add quality to your free time. Whether providing the perfect setting for daytime get-togethers or offering a quiet place to relax and unwind after a busy week, few additions can compare to a pool. Unfortunately, pools can pose danger, especially to small children, if they are not designed and outfitted properly.
Many people enjoy swimming pools and don’t think about drowning. And yet every day, nine people drown in the United States. The statistics can be quite alarming, especially for parents with young kids.
- Each year over 1,000 children (about 250 under the age of 5) die in swimming related accidents and over 5,000 others are hospitalized. Additionally, spas and whirlpools kill over 200 children each year.
- In 2002, an estimated 1,600 children were treated in hospital emergency rooms for water related injuries, according to the Consumer Product Safety Commision. Many of these deaths and injuries occurred in backyard pools.
- Children under the age of 1 are most likely to drown in bathtubs, buckets, or toilets.
- Children ages 1 to 4 years, are most likely to drown in residential swimming pools. (Most young children who drown in pools were last seen in the home, had been out of sight less than five minutes, and were in the care of one or both parents at the time.
- Alcohol use and swimming is involved in almost 50 % of all adolescent and adult deaths Alcohol influences balance, coordination, and judgement, and its effects are heightened by sun exposure and heat.
According to the CDC, for every child that dies in a drowning accident, another five receive emergency care for non fatal submersion injuries.
The San Diego attorneys at the law offices of Howard A. Kitay are dedicated to helping families that have been touched by the tragedy of wrongful deaths or serious injuries. We know about the devastating too often caused by swimming pool accidents. We are sensitive to the emotional issues involved and we are committed to providing you with the accurate legal advice you need.
Liability in swimming pool accidents and drowning deaths depend on the nature of the accident. Liability may include premises liability (slip and falls), negligence, or product liability (defective product). It is important to work with a drowning accident attorney that is comfortable with a range of personal injury law, to make sure that all avenues are explored in the process of pursuing your claim.
- Regarding premises liability: the property owner has a responsibility to take reasonable precautions to make sure that his or her swimming pool is safe for users or anyone else on the property, including trespassers.
- Regarding negligence: a person is liable if they were negligent in causing the accident. Negligence is the failure to do what a reasonable person would have done under similar circumstances. This can include improper pool maintenance; improper pool installation; lack of pool fencing, locked gates, pool covers, or warnings; and hiring unqualified lifeguards or lifeguard. Negligence is one of the important tenets upon which all swimming pool accident attorneys base their arguments on your behalf.
- Regarding product liability and defective pool parts: the manufacturer or seller of a defective swimming pool or related equipment is held liable for placing that defective product in the hands of a consumer. This can include design defects, manufacturing defects, and marketing defects. There are several responsibilities that manufacturers and sellers of products of all kinds are expected to live up to, and an experienced drowning accident attorney keeps abreast of the newest statutes and precedents to make sure he or she is well versed and can represent you fully.
If you or a loved one experience a swimming pool accident, you will want the best legal representation possible in order to be fully compensated for the damages that you and your family have incurred. The experienced El Cajon swimming pool accident attorneys at the law offices of Howard A. Kitay are here to help you with your case. Contact our office today at 619 442-0542 for a free legal consultation.