Los Angeles Drowning Accident Lawyer
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The Centers for Disease Control and Prevention (CDC) have determined that recreational swimming is one of the most popular activities in the United States. It also is the preferred type of recreation for most American Children. In California, it has been estimated that there are over a million swimming pools. Many areas of the state have a climate that provides a number of warm month for using a swimming pool or spa. Constant access to a pool or spa is a good thing, but it can also be dangerous.
Statistics from the CDC show drowning is the second leading cause of unintentional injury and death with children 14 years old and under. With adults, drowning is the seventh leading cause of unintentional injury or death for individuals of all ages. Over 68 percent of all drowning deaths associated with children 4 years old and under happen most often when they're in a swimming pool.
Pool And Spa Safety Act
Pool owners and operators are now required to follow a number of safety precautions. This is mandated by the Pool and Spa Safety Act that was passed by Congress in 2007. The goal of this legislation is to decrease the risks associated with certain types drowning accidents. Some of the precautions are pool and hot tub owners being required to have safety covers over the drains in their pools or hot tubs. This could prevent people children being trapped underwater by suction from the drain and more.
Swimming Pool Safety Act
The state of California has specific laws that cover pool safety. In 2007, the Swimming Pool Safety Act was passed into law. It is now mandatory for a public or private swimming pool to be constructed with a suitable fence, wall or some type of enclosure. All swimming pools in California must use an approved pool safety cover. Should a swimming pool be constructed with direct access from a building, it will need to have exit alarms. This legislation is designed to stop children from going into swimming pools unsupervised or accidentally falling into them.
A number of cities within the state of California have enacted municipal ordinances covering the use and operation of pools and spas within their community.
Avoiding Swimming Pool And Spa Tragedies
The Consumer Products Safety Commission (CPSC) has determined there are two main ways individuals can avoid pool accidents and injuries. Adults must always provide quality supervision of minors who are around the swimming area. A swimming pool also needs to have a proper safety barrier. It should be able to prevent children and others having access to a pool or spa without the permission of the owner. The CPSC recommends pool barriers be a minimum of 48 inches from the ground. Barriers need to be made of solid materials such as wood, brick and mortar and more. If a chain link fence is used, the size of the mesh should not be more than 1 ¼ inches square. The space between the bottom portion of the fence and the ground should not exceed four inches. When there are children pool parties, it is recommended the pool owner pay to have a certified lifeguard at the party.
Even when safety precautions are taken death and injury can still occur in swimming pools and spas. The family of the drowning victim will need to be compensated fairly for their loss. The first step is to determine responsibility for the cause of the accident. In most cases, this will be the individual or business that owned and operated the swimming pool or spa. Should a drowning result from a boating accident, the individual operating the boat could be held liable.
It is also possible for individuals to become injured because of a pool owner or operator's negligence. This could be when someone become injured because of a failure to repair concrete that is crumbling at the edge of a pool, and it results in someone falling into the pool or on the deck. It's also possible to avoid a dangerous situation with a spa or swimming pool by providing an access alarm. A pool owner or operator needs to post signs in the pool indicating the depths of the different areas. First aid kits, external defibrillators, and other safety equipment must be easily accessible. It's also essential that all equipment used to operate the pool or spa be in proper working condition and more.
If an individual is injured or worse during a drowning incident, they and their family may be entitled to compensation. Should this incident have occurred because of a pool, spa owner or operator's negligence, the owner could be held accountable. In many situations, individuals are facing medical bills, lost wages and more as a result of their injuries. In some situations, people have sustained injuries that could last a lifetime.
Legal Assistance in a Los Angeles Drowning Accident
When someone experiences a personal injury because of a swimming pool or spa, they will need legal representation. The experienced attorneys at The Doan Law Firm are able to help.
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