San Jose, CA Drowning Accident Attorney

Representing Victims of Pool Accidents & Drowning in California

When the weather gets warm, more and more people begin pumping water back into their swimming pools or take a trip to the water park. Most of the time, we don’t think about the dangers because we are so focused on the good times ahead. Yet, the risk of injury from a pool accident or drowning accident is very real and can happen. It is important that you understand these risks and make sure you take the steps to keep you and your family safe.

If you or your loved one suffered a pool injury or had a drowning accident, you may be entitled to compensation. Contact Mitchell & Danoff Law Firm by calling (831) 219-2110 to get assistance with your claim!

Common Causes of Pool Accidents

Pool accidents are especially dangerous if you have children running around. One of the ways you can keep your toddlers and smaller children safe is to install a pool guard. Another risk to children is the cleaning filters, which use suction power to clean the pool. These have been known to cause injuries to both children and adults. That is why it is always recommended to make sure you are taking all the necessary precautions to keep your pool day safe and prevent an injury from happening.

Other safety measure tips:

• Do not dive into a shallow pool or a pool that is above ground
• Always supervise children
• Advise less experienced swimmers to stay close to the edge or near an experienced swimmer
• Avoid swimming after drinking alcohol
• Do not swim during a storm, especially if there is lightning

You may be wondering if whether or not you have a cause against the pool’s owner, and if you can recover compensation. This will more than likely depend on the circumstances regarding the incident. You may be able to make a claim against the homeowner’s insurance policy for injuries suffered.

Determining Liability In Pool Accidents

If you or a family member has sustained injuries due to a pool accident, you might question whether you have a valid legal claim against the pool owner. In California, premises liability laws hold property owners accountable for maintaining safe conditions on their property.

The ability to recover compensation will depend on several factors, including:

1. Negligence: Was the pool owner negligent in preventing hazards? For instance, failing to maintain safe conditions or provide adequate supervision can be classified as negligence.
2. Warning Signs: Were proper warning signs displayed to inform swimmers of potential hazards, such as deep water or slippery surfaces? A lack of visible warnings can play a role in determining liability.
3. Behavior of the Injured Party: It’s essential to consider whether the injured person took proper safety precautions or engaged in reckless behavior. Comparative negligence may apply in some cases, potentially affecting compensation amounts.
4. Homeowner’s Insurance: If liability is established, you may seek compensation through the homeowner’s insurance policy. Many homeowners carry liability insurance to protect them from such incidents.

Steps To Take After A Pool Accident

If you or a loved one has been injured in a pool accident, it is crucial to take specific steps to safeguard your health and legal rights:

1. Seek Medical Attention: Your health should be the top priority. If you sustain injuries, seek medical care immediately, even if the injuries seem minor. Some injuries may not be immediately apparent.
2. Document the Incident: Collect as much information as possible about the incident. Take photographs of the accident scene, gather contact information from witnesses, and note any contributing factors that led to the accident.
3. Report the Incident: If the accident occurred at a public facility or the home of a friend or family member, report the incident to the property owner and, if necessary, local authorities.
4. Refrain from Giving Statements: Avoid providing statements to insurance companies or signing any documents before consulting with an attorney. These entities may look to protect their interests, which could compromise your potential claim.
5. Consult an Attorney: Contact a knowledgeable pooling accident attorney as soon as possible. A lawyer will guide you through the legal process, help you understand your rights, and work diligently to pursue justice on your behalf.
6. Keep Records: Maintain records of all medical treatment, expenses, and lost wages related to the accident. Documentation will be essential in building a strong case for compensation.

Trust Your Case to a Firm with 30+ Years of Experience

Led by Attorney Tab Mitchell, our legal team is seasoned and has been at the helm of numerous personal injury cases. We have gained million-dollar settlements and winning verdicts for clients in the past. This accomplishment is only a part of the reason why we have seen success. We have also been recognized by Super Lawyers® and received an AV® Preeminent Rating from Martindale-Hubbell®.

To pursue your claim, be sure to call (831) 219-2110 to speak with our accomplished San Jose drowning accident lawyer to review your case! We offer free case consultations.