Every case is different, and the amount you can recover depends on the specifics of your accident and your injuries.
Orange County’s year-round sunny weather means pools are always busy. Whether it’s a backyard party in Irvine, a weekend at a luxury Newport Beach resort, or a quick swim at your hotel’s indoor pool after a long day, every day can be a pool day here in Orange County. But what happens when someone gets hurt in a pool? Is the homeowner or hotel liable for the injuries?
When someone gets hurt in a pool, the property owner (homeowner or hotel) is typically liable if they failed to keep their property safe. However, these cases aren’t easy to win without building a strong case.
If you’ve been injured in someone else’s pool, knowing your rights could make all the difference in getting the compensation you deserve.
Injured in a pool accident? We can help. Call Hicks Law Firm, PC at 866-HICKS-LAW or (949) 541-9944 for a free consultation and let’s discuss what happened. Our experienced Orange County premises liability attorneys can review your accident and help you explore all your legal options.
What Makes a Pool Accident Case Strong?
A strong pool accident case is built on showing that the property owner didn’t act responsibly and that their carelessness led directly to your injury. This isn’t about pointing fingers. It is about proving that basic safety measures were missed.
For example, maybe the pool had a broken gate that allowed a child to wander in, or the pool deck was dangerously slippery with no warning signs. Perhaps the lifeguard on duty wasn’t paying attention, or there wasn’t a lifeguard at all when there should have been one. These are the kinds of details that build a case.
It’s important to collect evidence as soon as you can. This includes photos of the accident scene, contact information for witnesses, and copies of any medical records related to your injuries. The more information you have, the clearer the picture becomes.
The Idea of Premises Liability in Pool Accidents
Premises liability is the legal idea that property owners have a duty to keep their land safe for people who visit. This applies to pools in homes, hotels, and other places. The level of care an owner must provide changes based on why you were on the property.
For example, if you were invited to a pool party at a friend’s house, you are considered an “invitee.” The homeowner has a duty to warn you about any dangerous conditions they are aware of or should reasonably be aware of. This means that if they know the diving board is loose, they need to inform you or repair it.
If you were a guest at a hotel pool, the hotel has an even higher duty of care because they are running a business that invites the public onto its property. They must regularly inspect the pool area for hazards, ensure proper supervision, and maintain equipment.
Common Ways Pool Accidents Happen
Pool accidents happen in many ways, and they often come down to someone not paying attention to safety. Here are some of the common scenarios:
- Slippery Surfaces: Wet pool decks are a given, but owners must use non-slip materials or post warning signs. If the surface is excessively slippery due to algae or poor drainage, that’s a problem.
- Lack of Supervision: Especially when children are involved, a lack of adequate supervision by property owners or designated lifeguards can lead to tragic outcomes.
- Defective Equipment: Broken ladders, faulty diving boards, or malfunctioning filtration systems can all cause injuries. Owners must regularly inspect and maintain their pool equipment.
- Improper Fencing or Gates: California law requires pools to be enclosed by fencing that prevents unsupervised access, especially by young children. A broken gate or a fence that isn’t up to code is a serious risk.
- Chemical Imbalances: Improper pool chemical levels can cause skin irritation, eye injuries, or respiratory problems.
- Diving Accidents: If a pool isn’t deep enough for diving, or if there aren’t clear warnings, serious head and spinal cord injuries can occur.
Every accident is different, but the core issue remains: did the property owner fail to act responsibly in preventing your injury?
What Damages Can You Recover After a Pool Accident?
When you’re injured in a pool accident due to someone else’s carelessness, you can seek money for various things. This money, known as “damages,” is meant to help you recover from your losses. You could recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Disfigurement
- Loss of Enjoyment of Life
Every case is different, and the amount you can recover depends on the specifics of your accident and your injuries.
The Statute of Limitations in California
There’s a time limit for filing a lawsuit in California. This is called the “statute of limitations.” For most personal injury cases, including pool accidents, you generally have two years from the date of the injury to file a lawsuit. If you miss this deadline, you will likely lose your right to pursue compensation through the courts. This is why it’s so important to speak with an Orange County personal injury lawyer quickly.
Ready to Call Our Orange County Premises Liability Attorneys?
You’ve been through enough. Let us help you understand your choices and fight for the compensation you deserve. Contact our experienced Orange County personal injury team today for a free consultation and learn how we can help you after a serious pool accident. Your recovery starts with one phone call. Call Hicks Law Firm today at 949-541-9944. There’s no pressure, just clear answers and a path forward.
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