According to the Center for Disease Control, there were over 3,300 deaths caused by drowning or submersion in 2000. This rate is particularly high for children under 16, which represent almost 25% of all drowning victims. About 350 children under 5 drown in pools each year. Drowning is the second leading cause of death for this age group after motor vehicle accidents.
Adding to the tragedy are the approximately 5,000 more children who have experienced near-drowning emergencies. Many of these children suffer permanent neurological disability.
The vast majority of these accidents happen in backyard pools. Safety recommendations include:
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Four-sided isolation fencing at last five feet high
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Self-closing and self-latching gates
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Fencing that encloses the pool and spa entirely, preventing direct access
Accidents in and around pools present a very special set of circumstances. Injuries are usually more serious and involve an intricate set of laws. You may be able to file a "premises liability" claim against a negligent pool owner for not complying with certain regulations. For example, not having a fence around the pool.
You may be able to file a "product liability" claim against a manufacturer or designer of a pool or spa for any substandard part used in its manufacture. For example, several faulty spa drain covers have been recalled in the past because of their responsibility for causing "body entrapment" that results in serious injury or death.
You may also be able to file a claim against the pool owner for other forms of "negligence". For example, for leaving small children unattended in the pool or spa area.
Proving someone's negligence is often difficult and sometimes impossible. Early investigation is essential in handling these cases. Our knowledge of the law, coupled with our investigative skills, gives Wilson-Goodman & Fong, P.L.L.C. the competitive edge you need on your side.
If you or someone you love has been injured in a swimming pool accident, contact us today at 480-503-9217 Toll Free: 800-409-2187 for a free consultation.
There are no legal fees unless your case results in a favorable verdict or settlement.
