Filing a Lawsuit for Drowning Accident in California

While a swimming pool is one of the best places to enjoy your weekend, it can become a risk for you and also the owner of the pool if an drowning accident happens.

Is it Possible to Sue for Drowning Accidents in California?

You can file a lawsuit for the drowning accident in case the swimming pool does not comply with the safety requirements of the state or in case the lifeguards were negligent and, as the result of such negligence, the accident happened. The owner of the pool can also be liable in case the lifeguard it hired was not qualified for the performance of job duties.

What Does the Plaintiff Have to Prove in a Drowning Accident?

Upon filing a lawsuit for negligence arising out of a drowning accident in California the Plaintiff is required to prove the following:

• the defendant had duty to the plaintiff;
• the defendant breached the duty of care;
• actual cause for the injury meaning the defendant conduct was as a substantial factor in causing damages (for example lack of supervision in children’s pool) or proximate cause for the injury the owner of the pool was negligent to use or maintain the pool and its property and because of that negligence, the defendant was harmed (lack of warning signs in the pool); and
• plaintiff suffered damages

Who can File a Lawsuit if Someone Dies Due to a Drowning Accident?

Family members can file a lawsuit, such as:

• spouse of the victim, also the domestic partner;
• children and grandchildren of the victim;
• parent of the victim, in case the latter was a child.

The above-mentioned family members can sue if the accident does not kill the victim but leaves him unable to protect his rights.

What Remedies are Available for Drowning Accident?

While filing the lawsuit, you can seek compensation of:

• the medical expenses;
• lost earning capacity and lost wages because of the accident;
• compensation for pain and suffering

In case you file a lawsuit for the wrongful death of a family member, you can seek compensation of:

• burial and funeral expenses;
• compensation of lost earnings of the victim, etc.

In case you had a drowning accident, try to gather evidence, as:

• names and contacts details of the witnesses, who were present in the swimming pool during the accident;
• keep all your medical records to prove the amount of medical expenses you spent on your recovery.

What are The Responsibilities of Pool Owners?

In California, pool owners are required by law to keep their facilities safe. This means installing:

• Adequate barriers
• Supervision
• Warning signs

And other items required by law. For example, the California Swimming Pool Safety Act requires residential properties with swimming pools to install safety barriers. Failure to do so can make the owner liable for damages. Especially if the victim is a child. Failure to comply with safety standards may be considered a failure to exercise due care. This opens up the possibility of a lawsuit.

What is Negligence Under California Law?

In legal terms, negligence means that the defendant failed to exercise reasonable care under the circumstances. In a drowning case, this could mean that:

• The pool was not properly fenced
• There were no signs indicating the depth of the water
• Life-saving equipment was not available
• There was no or incompetent lifeguard at the facility

Even if the victim was on private property without permission, the owner can be held liable. But only if it is proven that he or she knew of the danger and failed to take appropriate action.

Claims Against Municipalities

If the drowning occurred at a municipal pool or on property managed by a government entity, special procedures may apply. In California, to file a lawsuit against a public entity, you must first file a government claim. Within six months of the accident. Failure to meet this deadline may result in the loss of your right to sue.

Get Help for a Drowning Injury or Drowning Death Accident

Even in case you signed a waiver for liabilities, or the defendant argued that there is the “assumption of risk”-an inherent risk present while swimming, you can still expect to receive compensation if you have an experienced attorney. We invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation and case review by a Glendale personal injury attorney.