Premises and Injury
Nearly every pool tragedy traces back to a barrier or a drain that failed
Drowning is silent and fast. The safeguards that prevent it are physical, legally required, and frequently missing or disabled.
About swimming pool and drowning accidents claims
California regulates residential and public pool safety through building standards and the state pool safety statutes, which require enclosure and specified safety features. The failures we see repeat: a self-closing and self-latching gate that was propped, broken or set too low; fencing with gaps or climbable features; a missing pool cover or alarm; an unattended or unsecured spa; and at public and multi-unit properties, absent or untrained lifeguards, missing rescue equipment, no depth markings and water too cloudy to see the bottom.
Pool equipment itself causes catastrophic injury. Drain and suction entrapment occurs where an outlet lacks a compliant anti-entrapment cover or a required secondary safety system, and the resulting suction can hold a child or an adult underwater or cause evisceration injuries. Heaters, pumps, chemical feeders and pool lighting produce burn, chemical exposure and electrical injuries. When equipment fails, the claim is a product liability claim against the manufacturer in addition to a premises claim against the property.
These cases often involve children, which shapes the analysis in two ways. A landowner’s duty accounts for the reduced ability of a child to appreciate danger, and the attractive nuisance doctrine can apply to a child trespasser drawn to a pool. A minor’s claim may also be tolled until age 18 under Code of Civil Procedure section 352, though evidence preservation should never wait on that.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Fatal and non-fatal drowning
- Anoxic and hypoxic brain injury with permanent disability
- Suction entrapment injuries, including evisceration and disembowelment
- Spinal cord injury from diving into shallow or unmarked water
- Chemical burns and respiratory injury from mishandled pool chemicals
- Electrical shock and electrocution from pool lighting and pumps
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The homeowner, landlord or property owner
- An apartment, hotel, HOA or property management company
- A public entity operating a municipal or school pool
- A pool builder, service company or equipment installer
- The manufacturer of a defective drain cover, pump, heater or light
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Immediate documentation of the fence, gate, latch height and closure
- Photographs and preservation of the drain cover and pool equipment
- Permit, inspection and code compliance records for the pool
- Maintenance and service records and prior complaints or incidents
- Lifeguard staffing, certification, training records and witness accounts
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Swimming Pool and Drowning Accidents: common questions
Injured by pool accidents? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.