[Content Updated 04/14/2021] When facing the risk of drowning or severe injury from drowning, there are many factors to consider. Drowning hazards can exist on both private and public property, inside and outside.
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These drowning and injury events can occur at places such as:
When an owner, landlord, or manager is not doing their job and does not do the correct work to ensure that the area is safe, they could be liable under California law.
Liability could attach if owners do not have:
Also, this can happen at any place anywhere, including private swimming schools. Even if a person survives with partial asphyxiation, there could be severe repercussions.
There could be terrible physical and emotional problems, including severe brain damage. But this results because deprivation of oxygen could cause a loss in IQ or function.
Negligence commonly causes these accidents. The stalwart Los Angeles personal injury attorneys at Ehline Law Firm stand ready to take our knowledge and experience for you. We remain willing to assist in any way possible when handling liquid submersion incidents.
When dealing with water injuries, from a swimming pool to a Jacuzzi hot tub, they all have common factors. They will all result in medical costs and severe emotional after-effects.
The living will face possible PTSD and depression while the dead will have family members shocked and left with the bill. Only the best attorneys can right such a situation.
Also, we have expertise in the Greater Los Angeles courts and:
Our hundreds of similar cases have given us the experience to get what our clients and their kids deserve.
After such a tragedy, these claims become limited to money damages. A drowning survivor must file the damages claim or injury lawsuit against the person or persons.
You will list those who failed to act or react with reasonable care to prevent or at least mitigate the incident. This way, the law can protect you. The courts could make the negligent party pay for the damages caused.
But his can only happen if the law firm involved has the grit to do the research and compile what happened. So then your legal counsel can craft a case. The idea is to show that the owner or manager was not upholding their duty.
Primarily, that landlord’s duty was:
Unfortunately, most of these claims involve minor children. Also, this can destroy a family, as parents and siblings have to deal with the tragedy of brain damage or death. So we fight for the families of kids hurt in pools and hot tubs.
We think so. The drowning death rate for children under 16 constitutes 25% of all drowning deaths in the United States. According to CDC statistics, nearly:
Injuries related to drowning, including death and coma, are the second largest cause of death for kids five and under, below auto accidents. (source.)
Swimming pools dot the landscape across the country, especially in always sunny Southern California. This relaxation spot may complete a household. But it also brings a health and safety hazard that needs correcting. When taking on a structure that could cause a fall and drowning injury, you must protect the lives of your children. It would help if you also cared about visitors and others that could contact your pool.
Yes! Many parents put in pools for the enjoyment of their children, especially for young children. Unfortunately, children between one and five are at the highest risk of drowning. The CDC reports that on overage, ten people drown every day.
And this is a particular problem in the Los Angeles area, with a much higher proportion of swimming pools. Since your home may have a pool or your kids may visit a neighbor’s pool, there are factors to remember.
For Parents – Don’t Drink and Swim!
Alcohol could not only slow your own reaction time and increase the risk of drowning, but it could also make it much harder to rescue a drowning child.
If Possible, Have a Lifeguard on Duty
It may be challenging to have a trained person on duty whenever swimming. But even introductory courses in safety and water injuries can make a significant difference. Slides and diving boards can cause substantial risks of both drowning and fall-related injuries.
Avoid Unsafe Apparatuses and Keep them Maintained.
Any element in or around a pool that is not up to code or safety standards could cause serious injury. There are parts of a swimming pool, including suction devices, that could cause children to become trapped. Improperly placed netting or similar items could cause more problems.
Properly maintaining the parts of the pool is a significant factor in avoiding illness. When the pool is clean and ready for swimming, you can lower the risk of drowning and disease.
Having even basic first aid training can go a long way. With a first aid kit nearby, you will be able to swiftly administer the needed medical treatment before more help can arrive. Make sure that you are trained for CPR and a similar rescue technique.
Children should be watched at all times. There’s no excuse for letting children run around the slippery poolside or slip and fall into the pool and have a significant risk of drowning. Improper supervision methods cause many injuries if you or your child has been in an accident involving a swimming pool.
Ehline’s lead attorney, Michael Ehline, wants all pools and Jacuzzis* to be safe:
But statistics show that as of 2000, over 2600 small children were admitted to emergency care in hospitals. And they were treated for drowning incidents– which could lead to brain injury, broken bones, and contusions.
Beyond death, at least 5,000 children suffer permanent injuries. For example, kids can get nerve damage that requires future medical care and treatment.
But this remains tremendously expensive. In-House care and nursing, hospitalization, and specialists’ visits can break the average family financially.
A landowner must take steps beyond legal mandates to keep people safe. This is part of exercising “reasonable care.”
A Reasonable Pool and Jacuzzi Hot Tub Owner Should Also Install and Maintain:
These accidents can also include slip and fall on slippery, inadequately cleaned pool decks. So this could cause a broken bone and bring premises liability law into play.
Anyone thinking of representing themselves in an event like this should recognize the enormous complexity involved.
Your emotions alone will prevent your form, arguing your cause with objectivity. Besides, only an attorney with the skill to organize a case from the ground up can help you win.
I don’t think you can go it alone. We can handle every step of the way, from the medical treatment to a court case, if necessary. We will take on the owners, demand more safety requirements, and hold people accountable.
Clients in the LA area trust Michael Ehline as their attorney for a reason. Ehline is always involved in water lawsuits and insurance claims, and his case study is second to none. But his knowledge of the law and medical issues is what makes his service a cut above the rest.
Also, we will cover almost any negligence claim. Most of all, we always do it with the professionalism and skill needed.
There are many areas in the greater LA area that are drowning hazards– from pools to water parks, to Hurricane Harbor, to beaches. Even worse, when summer comes, the large crowds increase the chances of disaster.
Having a law firm familiar with the LA County Court System is a boost. In any event, we will begin immediately and pressure those responsible for doing their due diligence. Most of all, if you or a loved one has faced drowning, don’t let the minutes slip away.
Why not call a dedicated attorney ready to fight on your behalf? Although we may never be able to fill the hole of a lost person, we will do our best to get you justice. Call us for a free, no-pressure consultation at (213) 596-9642.
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