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Private pools can be located in hotels, motels, spas, resorts, cruise ships, homes, schools, gymnasiums, and more. They may be staffed with lifeguards and may require an entrance fee. The risk of swimming in a private pool is amplified when it is not well maintained and when there are dangerous hazards present. If you are involved in a private pool accident, you can contact our law firm, Kenmore Law Group, for help moving forward with your lawsuit.

What are some examples of private pool accidents?

Private pool accidents can happen for a slew of reasons. There are many ways that you can get injured, and some of the reasons may be due to swimmer negligence. It is generally a bad idea for weak swimmers to get in pools that are not supervised or without proper gear. However, even experienced swimmers can be injured, and at times, not even while in the pool. These accidents could involve the following:

  • Diving accidents: Diving accidents may happen when a swimmer tries to dive into the shallow end of a pool, which can result in neck injuries and spinal cord damage. Further, some diving boards could be broken or defective, and when you jump off them, they could break or cause you to slip. Falling from a diving board can be extremely seriously, especially at great heights.
  • Slip and falls: Slip and falls can happen anywhere around a pool because of the usual wet floors and tiles. There may also be towels that have been discarded by other guests that could cause people to fall. A slip and fall can cause a small child to fall into a pool and drown, or it can cause an adult to fall halfway nit o the pool and hit his head on the edge.
  • Lack of lifeguards: Lifeguards should be present in pools that have a lot of visitors. The lack of professional or certified lifeguards means that people can drown or sustain injuries. When lifeguards are not on duty, swimmers should be extremely careful.
  • Chemicals in the pool: Many pools use chlorine and some cleaners use bleach. There are other chemicals that can be released into the water to clean the pool, but these chemicals may cause adverse reactions to the skin or eyes of swimmers.
  • Lack of warning signs: All pools should have warning signs that tell the depths of the pool, where slippery areas are, when lifeguards are present, and more. If something is broken, it should also be fixed or removed, but if it has not been, there should be a sign warning of the dangers of the broken section.
  • Defective stairs and ladders: The stairs and ladders that lead into the pool can break, whether by cracking, separating from the pool wall, or being too slippery to safely use. If these features become defective, you could fall back into the water or even onto the hard ground outside of the pool.

Private pool accidents
These different pool accidents can cause drowning, neck and spinal cord injuries, concussions, broken bones, and more.

How do I file a claim for a private pool accident?

If you wish to file a claim for a private pool accident, you will file a premises liability lawsuit. This requires that you illustrate that you were an invitee on the property, or someone present for a mutual benefit, or a licensee, or someone who was a social guest. Trespassers are those with no legal right to be on the property.

A premises liability lawsuit requires you to show one of the following:

  • The property owner knew about the hazard with the pool but did nothing to fix it
  • The property manager caused the hazard himself
  • The property manager was unaware of the hazard but reasonably should have been

What steps can I take after a private pool injury?

Often, individuals will not know what to do after pool accidents they may be uncertain of how to proceed and may not be aware that they should get the necessary evidence. In some cases, they are rushed to the hospital and cannot get the evidence they need. If you follow these steps, you will have a good chance of success with your claim.

Go the doctor to be treated, even if you feel you weren’t seriously hurt. The longer you delay the visit, the less likely you will win your claim. It is best to get diagnosed earl, since you may not notice certain damages.

Hold on to medical receipts, doctor’s notes, treatment plans, and more from the hospital.

Take pictures of the injuries you suffered, the scene of the incident, any hazards at the pool, and more. you can also get security camera footage from the interior if possible, but it may be difficult to get the business to hand it over if it shows that they were negligent.
What steps can I take after a private pool injury?

It is wise to interview as many individuals as you can. They may have seen the incident happen and can provide support to your claim with their testimonies, or they may have been similarly affected. Either way, additional statements in favor of your claim are beneficial.

You should then gather all proof related to your stay or visit to the property. You can have documents, proof of purchases, receipts, and more, and you should file an accident report with the company. This will keep your name in the system and show that you alerted them.

It is important that you do not take this action until you have already gathered your evidence. If there is a hazard near the pool, you cold alert the proper manager ahead of time, and he could have the hazard removed or fixed before you get the necessary evidence, thus snuffing your chances for compensation from a lawsuit.

Lastly, it is highly recommended that you hire a qualified lawyer with experience in pool accident lawsuits. You should be represented by someone who understands the nuances of pool accident claims and who has dealt with these situations before. If you have not filed a lawsuit by yourself, you are at a severe disadvantage, and a lawyer can balance out the playing field.

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What can I win if I file a lawsuit for a private pool accident?

If you file a lawsuit for a private pool accident, you stand to gain a fair amount of compensation. Your total restitution will vary according to the insurance agent’s interpretation of your case and evidence. If you were seriously hurt and the incident essentially caused you to suffer a decrease in quality of life and an inability to work, your case may be highly valued. You could also be told that you were partially responsible for the accident, which would actually reduce the amount of money you could receive. The agent will consider how impactful the accident was on your life and career and make an offer based on those factors.

The goal of our attorneys is to bring you total coverage. We will see to it that you receive the following:

  • Medical bills from the past and future (hospitalization, surgery, medication, physical rehabilitation)
  • Pain and suffering (anxiety, PTSD, fear, emotional anguish)
  • Damaged or lost property (phone, backpack, personal items and belongings)
  • Missed wages from the past and future (absent days at work, missed benefits and bonuses, and more)
  • Wrongful death expenses (funeral and burial fees, loss of consortium, loss of savings and expected inheritance, reimbursement of pre-death medical bills and pain and suffering)
  • Punitive damages (handed out in times of gross negligence or when the party deliberately tried to harm you these damages are additional forms of compensation and are seldom awarded due to being viewed as excessive or harsh)

To ensure that you win every penny you need from a private pool accident lawsuit, you should speak with an attorney who has taken on such cases in the past.

How long do I have to file a claim for a private pool accident?

In California, the statute of limitations on personal injury claims is 2 years from the date of the injury. If you do not sue within that time period, you will not be able to receive any compensation in the future. Statutes of limitations are in effect to ensure that claims are filed quickly and without being delayed on purpose.

There are a few ways in which the statute of limitations can be extended. These exemptions include:

  • Minors who were injured can wait until they turn 18 years old to follow the statute of limitations
  • Physically or mentally incapacitated individuals can wait until they return to health before the statute of limitations kicks in
  • Defendants who have left the state cannot be sued, so their absence causes the statute to be suspended until they return

To guarantee that you will have your claim submitted on time and you will not miss any important dates, you can call our firm for help. We will submit everything well on time and you will not run the risk of missing a deadline. We are punctual attorneys and we will always pay strict attention to the statute of limitations.

Let Us Help

Kenmore Law Group is one of the premier law firms in Los Angeles. We have a long history handling personal injury claims, and we treat our clients like they’re family. If you have questions about filing a lawsuit, you can reach out to us 24 hours a day, 7 days a week. We have won millions of dollars for victims of pool accidents throughout the years.

Call for a free legal consultation to discuss your claim. We will answer your questions and tell you more about our zero fee guarantee. This means that you won’t pay any out of pocket fees for our services. We will get paid if we win, and if we lose, we don’t get paid anything at all.

Contact Kenmore Law Group to speak to our expert private pool accident lawyers to start your claim.

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