The United States Consumer Product Safety Commission (USCPSC) reports that summer is the most dangerous time of year in terms of drowning incidents, with an average of over 150 accidents each year during the hot months. Drowning happens extremely quickly and often occur before anyone is even aware someone has fallen in. Because of this, the USCPSC has advised the following measures be taken in order to reduce the chance of someone drowning in a pool:
-Having a float, reaching poll, life ring, or other lifesaving equipment by any body of water on someone’s property.
-Using a lockable cover on a spa to prevent children from getting in.
-Learning how to do CPR on adults and kids and practicing regularly.
-Ensuring all public pools comply with state and federal safety rules.
-Designating at least one adult at all times, who is one hundred percent focused on watching any and all kids when they are playing in or around any open body of water.
-Always looking in a pool or spa first if a child goes missing.
-ensuring that a self-latching and self-closing gate of at least 4 feet in height is erected around the entire perimeter of any swimming pool.
-Teaching any young kids who are frequently around a pool or spa to swim.
Property owners in California have specific obligations to prevent anyone (but especially children) from drowning or being otherwise hurt by pools , spas, or ponds on their property. These can all be considered “attractive nuisances” under the law, because they can attract trespassers and children to come onto the property and then become subject to drowning risks.
Because these property owners have an obligation to help prevent someone from being hurt by hazards on their property, failure to comply with the standards listed above or otherwise protect people from being subject to the dangers present on their land means that they can be held responsible for the injuries you or someone you know sustains from a drowning or near-drowning.
However, the precautions they might be required to take are dependent on the property itself, the relation of the victim to the owner, whether there have been prior incidents of near-drowning or injury, and numerous other factors. Water from the pool isn’t the only thing slippery and dangerous, as it’s a slippery slope in determining who is at fault if someone is hurt by a pool or hot tub. The only way you’ll be able to navigate the murky waters of the law is to have a skilled, driven attorney on your side to make sure that you and the people you care about are compensated for any injuries sustained because of a body of water on someone’s property.
For over 30 years, we have been that attorney. If you or someone you know has been injured by a pool, hot tub, or other body of water on someone’s property, please call us today for your free consultation at (310) 444-3010 or toll-free at (888) 293-0404.