Swimming Pool Gate Failures: Preventable Child Injury Cases

Swimming pools are a great way for families and friends to enjoy the warmer months, especially during the summer. Children are able to laugh and play with pool toys and create moments that will last forever. However, when swimming pool gate failure accidents occur, they may pose serious threats to children and their families. Understanding how a swimming pool gate failure may contribute to injuries is important the next time you go inside a pool.

Understanding the Importance of Swimming Pool Gates

Pool gates are intended to create a physical barrier between children and the water. Young children may not recognize the danger associated with entering a pool area without adult supervision. As a result, a properly functioning gate can be an important component of a broader pool-safety system.

A gate may appear safe while still creating a safety concern. Problems can develop because of age, weather exposure, improper installation, damaged hardware, or a lack of maintenance. Common pool gate problems may include, but are not limited to, the following.

• A gate that does not automatically close
• A broken or improperly positioned latch
• A gate that can easily be pushed open
• Misaligned hinges or hardware
• Excessive gaps in the surrounding fence
• Objects near the fence that make it easier to climb
• A gate that has been intentionally propped open
• Delayed repairs after a defect has been reported

Whether any specific condition violates applicable law or establishes liability requires an evaluation of the specific property, applicable codes, and facts surrounding the accident.

Rules and Requirements

California's Swimming Pool Safety Act establishes drowning-prevention requirements for certain residential pools and spas. California Health and Safety Code Section 115922 usually requires at least two specified drowning-prevention safety features. Potential measures include qualifying enclosures, removable mesh fencing with a self-closing and self-latching gate, safety pool covers, exit alarms, certain self-closing and self-latching door devices, and qualifying pool alarms.

Types of Injuries

A pool gate is only useful as a safety barrier when it functions as planned. The following are common types of injuries that may occur after a swimming pool accident. 

• Drowning or near-drowning event
• Brain injuries
• Fracturers 
• Head injuries
• Other medical complications

Liability after a Swimming Pool Accident

Potential responsibility depends on who controlled the property and who had responsibility for installing, inspecting, maintaining, or repairing the pool barrier. A property owner may potentially face liability if evidence shows that the owner knew or reasonably should have known about a dangerous condition and failed to take appropriate steps. In rental or commercial settings, landlords, property management companies, homeowners associations, maintenance companies, or other entities may also have responsibilities depending on their control over the premises.

Preserving Important Records 

Evidence can be especially important after a swimming pool accident because a defective gate may be repaired or replaced shortly afterward. Photographs or videos of the gate, latch, hinges, fence, and surrounding pool area may help document the condition that existed near the time of the incident. Surveillance footage may also provide information about whether the gate was closing properly or how the child entered the pool area. Other potentially relevant evidence may include, but is not limited to, the following. 

• Maintenance records
• Inspection reports
• Repair invoices
• Witness statements
• Building permits 
• Property-management communications 

Medical records may document the nature and extent of the child's injuries and treatment.

Compensation that may be Available

When another party is legally responsible for a child's injuries, California law may permit recovery of certain damages depending on the facts and applicable law. Potential damages may relate to the following. 

• Medical treatment
• Hospitalization
• Rehabilitation
• Future medical needs
• Other losses resulting from the injury 

Cases involving significant neurological or physical injuries may also require evaluation of anticipated long-term care. The type and amount of damages available depend on the evidence and circumstances of the individual case. No particular outcome or amount of compensation can be predicted or guaranteed.

Seeking the Help of a Legal Professional

Legal guidance and support after you have faced a swimming pool gate failure accident is important in making sure you are aware of your rights throughout your personal injury case. A legal professional may be able to review the specific facts, speak to insurance companies on your behalf, and help you understand applicable laws. 

The Legal Team at KAASS LAW

The legal team at KAASS LAW is ready to help families understand the importance of swimming pool gates. When a swimming pool accident occurs due to a faulty gate or other unsafe property conditions, it may cause serious damage to children and their loved ones. Our qualified personal injury attorneys understand the challenges that may come after a swimming pool gate failure accident and want to help victims move forward. Call KAASS LAW today to discuss your potential options.