If a child tragically drowned in a California pool without a lifeguard or adequate supervision, the property owner or operator may be held liable under premises liability and negligent supervision laws.
Legal Grounds for Liability
- Premises Liability: Under California law, property owners must maintain their premises in a reasonably safe condition and warn of known hazards. A swimming pool is considered a “dangerous condition,” and owners can be held liable if they fail to secure the area or provide adequate warnings. This applies even if the child was a trespasser, as courts have ruled that property owners may be responsible for injuries to children caused by attractive nuisances like swimming pools.
- Negligent Supervision: Property owners and operators have a duty to supervise guests, especially children, in and around pools. Failure to provide lifeguards or adequate supervision can constitute negligence. For instance, in a case where a child drowned at a summer camp due to insufficient lifeguard supervision, the camp was held responsible for failing to enforce safety protocols.
Notable California Drowning Settlements
Several cases in California highlight the importance of pool safety and supervision:
- $20 Million Settlement: A family was awarded this amount after a child drowned in a pool at a community center in Los Angeles. The lawsuit alleged that the lifeguards on duty were negligent in failing to respond promptly to the emergency.
- $15 Million Settlement: In San Diego, a young boy drowned in a private swimming pool during a birthday party. The settlement was reached after it was discovered that the homeowners did not have proper pool fencing or a cover, which violated safety regulations.
- $11.5 Million Settlement: In Ventura County, a child drowned at a summer camp due to insufficient lifeguard supervision. The camp was held responsible for failing to enforce safety protocols.
Steps to Take
If you are considering legal action:
- Consult an Attorney: Engage a personal injury lawyer experienced in premises liability and drowning cases to evaluate your situation and discuss potential legal actions.
- Gather Evidence: Collect any available evidence, such as photographs of the pool area, witness statements, and medical records.
- Report the Incident: Inform the appropriate authorities and file a report if one has not already been filed.
Statute of Limitations
In California, you generally have two years from the date of the incident to file a personal injury lawsuit. However, certain circumstances may affect this timeline, so it’s advisable to consult with an attorney promptly.
Law Offices of James R. Dickinson – 909-848-8448
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