In a tragic story reported by KCRA3, two Fresno toddlers who were reported missing were found in a neighbor’s pool. The two-year old girl and the three-year old boy were pronounced dead at the hospital. According to the news story, the deaths appear to be an accident.
Swimming Pool Accidents
The tragic story above highlights how dangerous a pool can be, especially for young children. In just a few seconds, the unthinkable can happen and your world becomes a living nightmare. For thousands of families each year, unintentional drowning accidents take a loved one far too soon.
Facts about drowning accidents in the United States:
- Approximately 10 people die each day from unintentional drowning
- Approximately two children 14 years of age or younger die each day in unintentional drowning accidents
- Drowning is the fifth most common cause of unintentional injury in the United States
- Drowning is the leading cause of unintentional death for children between the ages of one and four
- The average number of children 14 years of age and younger who are killed each year in swimming pool accidents is 390
- In 2014, California had the second highest number of pool and spa deaths for children under the age of 15 years
- Almost 5,000 people are treated in emergency rooms each year for swimming pool accidents
Swimming pools provide hours of enjoyment for families in addition to being a great form of exercise. However, swimming pools can also be very dangerous for children and adults. The best way to prevent swimming pool accidents is to educate yourself on pool safety.
You can get information and swimming pool safety tips from the U.S. Consumer Product Safety Commission (CPSC).
Who Is Responsible For Swimming Pool Accidents?
If someone is injured or killed in a swimming pool, the property owner is not always liable. In order to hold a property owner liable for injuries or death resulting from a swimming pool accident, you must be able to prove that the owner is liable under California’s premises liability laws (a/k/a slip and fall claim).
In a typical premises liability case, you need to prove that the property owner knew or should have known a dangerous or hazardous condition existed on the property and failed to remedy the condition or provide an adequate warning of the condition. As a result of the dangerous or hazardous condition, you were injured. In the case of a swimming pool accident, we must prove the property owner failed to take reasonable steps to protect anyone on the property from a swimming pool accident.
Reasonable steps a property owner may take to prevent a swimming pool accident include:
- Placing a fence around the pool;
- Installing a locking gate with a self-closing feature to prevent children from entering the pool area;
- Placing warning signs on the property advising people of the potential for harm (i.e. swim at your own risk, no lifeguard on duty, pool on property, etc.);
- Providing adequate supervision of children in the pool (i.e. a child’s pool party);
- Always have emergency and rescue equipment near the pool area;
- Lock and secure ladders used for above-ground swimming pools;
- Install a pool alarm,
- Install and use a pool cover; and,
- Maintaining the pool and all safety equipment.
When a property owner fails to take adequate steps to secure the pool area, the owner may be held liable for any injuries sustained by visitors, even people who may come onto the property without permission. If you or a loved one has been injured in a swimming pool accident, seek legal counsel as soon as possible to discuss your case. You may be entitled to receive damages for your injuries.
Call A Fresno Personal Injury Attorney
Call Torem & Associates at 1-800-954-4444 or use our online contact form to schedule a free consultation and free case evaluation with a Fresno swimming pool accident attorney.