California is second only to Florida in swimming pool related deaths in the United States. In particular, Southern California pool related deaths is the number one cause of death for children ten years old or younger.
The Law Offices of Gary A Kessler has successfully represented numerous families and individuals that have suffered serious injuries and deaths from swimming pools, association pools, Jacuzzis, spas/ hot tubs, water parks and whirlpool bathtubs.
Many swimming pool drownings occur due to:
- Negligently designed and badly constructed pools;
- Pools not having adequate safety fences around their pools;
- The pool was so filthy that you could not see the bottom of the pool (where the child fell in and drowned) or the child at the bottom of the pool;
- Door lock mechanism malfunction from a state of disrepair on a sliding door to the house;
- The patio/ entry was too easily accessible to a child from inside the house;
- Screen door frames bent outward causing latch mechanisms to be out of alignment, defective and useless;
- Inadequate fences or improperly installed fences;
- Failure to install child safety locks on doors, screens, or fences;
- Dangerously defective pool covers which could not support a child’s weight;
- Negligent Supervision;
- Poor or improper maintenance of the pool and surrounding area;
- Too few lifeguards;
- Lifeguards not paying attention to swimmers or children in the pool area;
Pool Association & Water Park Drownings
Defendant pool associations and water park pool drowning cases usually occur because the defendant commercial pool owner:
- (1) Failed to hire experienced lifeguards
- (2) Failed to hire enough lifeguards
- (3) Negligent supervision of the swimmers by lifeguards
- (4) Lack of warning signs
- (5) Water rock-slide pools do not providing proper rails or steps
- (6) Surfaces are not “non-skid” surfaces
- (7) Failure to mark the water depth so the unsuspecting swimmers will not know the accurate depth of the pool
- (8) Hidden danger of a commercial pool
- (9) Inadequate indicators of the pool’s depth
- (10) Murky water, making it difficult, if not nearly impossible, to see children in the deep end
- (11) Failure to repair the water pump system, keeping the pool properly clean
If you or a loved one is involved in a swimming pool drowning accident/death:
- Seek medical attention and CPR for the victim immediately;
- Insist that a report is filed by the police department or Sheriff’s Department;
- Obtain essential information (i.e., name, address, insurance information, witness information of any and all persons involved in the accident);
- Photograph the accident scene as well as all of the surrounding area;
- Shut up! Talk to no one about the accident other than your attorney, never to an insurance adjuster or insurance investigator. Do not volunteer a statement to any insurance company;
- Sign absolutely nothing without consulting a lawyer;
- Keep a diary of your loved one’s recovery;
- Keep all receipts for all medical expenses and/or funeral bills and wage loss;
- Contact the Law Offices of Gary A Kessler an experienced law firm to protect your rights and preserve the evidence!
Demand accountability from those responsible for the swimming pool drowning accidents. Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case, We at the Law Offices of Gary A Kessler have over twenty-five years of litigation experience and know how to handle the insurance companies to your advantage. We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.
The laws regarding swimming pool drowning death cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced swimming pool drowning lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic drowning accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your drowning/accidental death case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.