When drowning accidents occur through negligence, families deserve compensation
For most people, swimming pools are harmless fun. But for some families, pool accidents result in drownings or near-drownings that change their lives forever. If one of your loved ones has passed away or suffered brain damage in a drowning accident, you may deserve compensation. Learn how various laws work together to make compensation possible.
Pool and Spa Safety Act
In 2007, Congress passed the Virginia Graeme Baker Pool & Spa Safety Act to make pool owners and operators follow some basic safety precautions that would help reduce the risk of certain types of drowning accidents. Among other things, the law requires pools and hot tubs to have safety covers on the drains to prevent anyone from being trapped underwater by suction. Tragically, this is what had happened to the little girl who inspired the law. Six-year-old Virginia Graeme Baker drowned in 2002 after being so thoroughly entrapped by the powerful suction from a hot tub drain that it took two men to pull her free.
California Swimming Pool Safety Act
California has its own state law regarding pool safety features, the Swimming Pool Safety Act, which went into effect in 2007. The act requires that any new private or public swimming pools be built with a proper fence, wall, or other enclosure and equipped with an approved pool safety cover. In cases where the pool can be accessed directly from the building, exit alarms are required. All of these measures are designed to help prevent small children from accidentally falling into a pool or swimming unsupervised.
Municipal Ordinances
Various cities in California have also enacted their own municipal ordinances regarding pools, particularly pool fencing.
Using the Law to Prove Liability
When any federal, state, or municipal pool regulation is violated, this can provide the beginnings of a case for liability against the pool owner or operator under the doctrine of negligence per se. If the drowning accident resulted from a particularly blatant disregard for the duty of care established by the law, the situation might grow into gross negligence.
Of course, drowning accidents may sometimes be caused by aspects of a pool or property besides the fences, pool covers, drain covers, etc. that are addressed in the pool safety laws. For example, perhaps a property owner failed to repair crumbling concrete at the pool’s edge and someone fell in. This type of accident could fall under the laws regarding premises liability.
When it comes to premises liability, there is a special wrinkle in the law affecting children. Children do not necessarily have to be invited onto the property in order for the property owner to become liable for any drowning accidents they suffer. This is because a pool is an “attractive nuisance,” or a feature which any reasonable person should realize is both enticing and dangerous to children. Property owners must take special care to prevent kids from wandering onto their property to investigate an attractive nuisance.
Questions about a Drowning Accident?
If one of your loved ones has died or suffered serious brain injury due to a drowning accident, you may deserve compensation. Contact The Law Offices of Fernando D. Vargas at 909-982-0707 to find out if you have a strong case against the pool owner or operator.
