Summer in the Inland Empire Brings Swimming Pool Fun and Hazards

Thermostats are starting to rise throughout the Inland Empire as summer quickly approaches.  Many homeowners are getting their swimming pools ready to fend off triple digit temperatures.  While pools and spas can provide recreation and exercise, they also can constitute a significant safety hazard.  In the United States, the CDC reports that more than 3,300 fatal drownings occur in swimming pools in a typical year. One in four of these deaths involves a child under the age of 14.  Drowning is the second leading cause of death for children 5 and under, trailing only auto accidents.  There are almost twice as many children who suffer serious injury in near-drowning incidents each year, which often results in permanent disability and brain damage.  

Courts often consider swimming pools attractive nuisances to children because pools tend to attract children who are too immature to appreciate the potential risk of harm.  Homeowners or those who operate commercial pools have an affirmative duty to implement safeguards designed to prevent children from drowning or suffering an injury in other pool-related accidents.  When the failure of pool owners to take adequate safety precautions causes drowning or other injuries, our experienced Inland Empire personal injury attorneys represent swimming pool accident victims.

In investigating a swimming pool accident, there are several questions that arise:

• Was defective pool equipment responsible for the injury?
• Were there inadequate warnings posted indicating no lifeguard on duty?
• Was there a fence or lock on a gate to keep children out of the area?
• Was the person in charge of supervision of the children negligent?

Pool areas are usually equated with fun whether located at a resort, friend's houses, or health clubs. Unfortunately, pools can be extremely dangerous hazards when certain conditions exist.

Diving injuries can happen when depth markings are faded, not visible, or non-existent.
The lack of fencing around a pool can spell danger for children who are wandering around unsupervised.  When there is no safety equipment at the pool, this can result in drownings when a swimmer gets in trouble.  If a public pool is open, adequately trained and attentive lifeguards should be present.  Entrapment accidents can occur without proper maintenance of pool drains, filters, and pumps.  Underwater obstructions like a shelf or rock grotto structure can cause catastrophic brain injuries.

While property owners often can be liable for injuries caused by an unsafe swimming pool, some other parties also might share financial responsibility.  Defective pool pumps and heaters or poorly constructed life-saving equipment can also cause serious injuries.  When pool equipment causes an injury or fatality, the company that designed, manufactured, or sold the defective product might be liable for injuries caused by the defective equipment or part.  The company that built the pool also might be liable for defective work that causes injuries or a drowning.

If you or someone you love suffers an injury in a swimming pool accident at a residence, community, or resort swimming pool, our experienced Inland Empire accident attorneys carefully investigate the circumstances of such incidents and diligently pursue the best result for our client.  Schwartzberg & Luther, APC offers tenacious advocacy designed to obtain the best possible results for our clients.

---

Schwartzberg | Luther are attorneys in Rancho Cucamonga focusing on personal injury, car accidents and insurance bad faith. Working with clients throughout Southern California and all courts in San Bernardino and Riverside Counties.