Recovering Compensation in a Slip and Fall at a Pool In California
Most of us associate swimming pools and pool decks with relaxation and fun. This is for good reason. A pool is almost a necessity in California, with many people owning pools and most communities or municipalities have neighborhood or public pools. Although most days at the pool are rewarding, unfortunately that is not always the case. There are many ways that a person could be seriously injured at a swimming pool or swimming pool complex. Whether it is indoors or outdoors, innocent people could suffer serious or catastrophic personal injuries slipping on a pool deck.
Here at the Broadway Law Firm in Los Angeles, CA, our experienced slip and fall lawyers know just how devastating a swimming pool accident or slip on a pool deck can be. Most people who slip on a pool deck suffer serious or catastrophic personal injuries, including head injuries, brain injuries, spinal cord injuries, and broken bones. This often requires expensive surgery and time away from work, sometimes even months or years out of work for catastrophic injuries. If you or a loved one were seriously injured in a swimming pool accident occurring in California, ask how we can recover compensation for you or your loved one during a FREE consultation by dialing 213.344.0067.
Special Issues With Swimming Pool and Pool Deck Accidents
Swimming pools and pool decks present a unique set of legal issues when it comes to slip and falls. This is because swimming pools and pool decks are inherently wet and slippery places. Many of these issues ordinarily defeat liability in other types of cases or give raise to significant comparative or partial fault. Some of the unique issues for swimming pool cases include the following:
Wet and Slippery Places – Swimming pools and pool decks are already wet and slippery places by the very nature of a pool. While a wet floor in a store could bring about liability, a wet pool deck does not necessarily do that. It takes a special circumstance to be able to hold a pool owner or maintainer liability for a slip and fall in an already slippery environment.
Many Pools are Owned by Municipalities or HOAs – There are special rules regarding liability against a municipality like a town, city, or county pool. This includes filing a notice of claim and having an abbreviated time period to file a lawsuit. Homeowner’s associations (HOAs) may also have special rules regarding maintenance and liability, including requiring you to sign a waiver of certain liability, to use the pool at your own risk, or using the pool only by agreeing to a shortened statute of limitations period to file a lawsuit.
Comparative Fault – The lack of shoes, use a flimsy sandals, running and play, and sometimes alcoholic drinks, can all lead to liability issues in a slip on a pool deck. As such, most swimming pool and pool decks slip and fall cases will have some degree of comparative fault, or fault on the part of the victim. That is normal in these types of cases and a victim can still recover compensation in a fall. However, a victim and his or her family may not be able to recover the full value of their case due to comparative fault. Having a skilled lawyer on your side can help minimize the comparative fault while maximizing your total recovery in order to ensure you can recover what you deserve.
Insurance Companies Vigorously Defense Pool Accidents – Insurance adjusters are well-trained in California on swimming pool and pool deck accidents. They will aggressively defend these types of cases, even if you have an obvious claim. This means that victims could have their claims underpaid or denied, even if they would be otherwise valid claims. This is why it is imperative for a victim of a pool accident to contact an experienced slip and fall lawyer in Los Angeles like one of ours at the Broadway Law Firm.
Common Ways to Establish Liability in Swimming Pool Slip and Falls
Slip and falls occurring on a swimming pool can result in serious damage. This is why liability is often hotly contested. While there is an inherent risk of slipping and falling on a pool deck or in a swimming pool, that does not mean that a victim consents to all types of slips and falls. There are some common ways to prove liability, which include the following:
- Failure to use friction strips on painted wood stairs, or sand in paint to create friction
- Broken pool decks
- Unstable or broken pool handlebars or fails
- Loose or broken pool ladders
- Improper or no friction on pool decks
- Excessive use of paint around pool decks that are not mixed with a friction agent
- Poor lighting but advertising for nighttime use
- Algae, moss, or other slippery plant growths on or around the pool deck
- Improper use of cleaning agents which make the pool decks, ladders, stairs, or diving board slippery
- Failure to use mats or other pads in indoor areas for swimmers, including the bathroom or concession area
- Uneven flagstones or ground
- Broken tiles, holes in the ground, or other damage on the ground that can cause a fall, and
- Other common issues relating to swimming pools.
Were You Hurt in a Swimming Pool Accident in Los Angeles? We Can Help
When you or a loved one were injured in a swimming pool accident or slip on a pool deck, call our experienced slip and fall lawyers at the Broadway Law Firm in Los Angeles, California. We can help protect your rights after a negligent homeowner, municipality, private entity, HOA, or other individual caused your slip and fall accident in California. Learn what we can do for you by calling 213.344.0067 to schedule your FREE consultation. You may also contact us using our free and easy-to-use “contact us” box available here.