A serious pool injury can leave a family facing emergency treatment, long-term care, and difficult questions about responsibility. Contact Hanson & Mouri online or call (951) 688-0006 to arrange a free consultation about a potential Riverside swimming pool accident claim.
A pool owner or operator has a duty to address foreseeable dangers. Common hazards include:
Depending on the facts, premise liability may rest with a homeowner, landlord, homeowners association, business, public agency, maintenance contractor, equipment manufacturer, or several parties.
Property Owner Negligence
Everyone is responsible for an injury caused by a “want of ordinary care” under California Civil Code §1714. This rule may apply when a property owner knew or reasonably should have known about an unsafe condition but failed to repair it, restrict access, or provide a warning.
Required Pool Safety Features
California Health and Safety Code §115922 requires certain newly constructed or remodeled pools at private single-family homes to have “at least two” qualifying drowning-prevention features. These may include an enclosure, safety cover, self-closing doors, or an approved alarm. Missing, damaged, or nonworking safeguards may provide evidence that access to the water could have been prevented.
Pure Comparative Negligence
California also applies pure comparative negligence. In Li v. Yellow Cab Co. of California, the California Supreme Court held that an injured person’s negligence “shall not bar recovery.” A property owner may argue that a guest ignored a warning or that an adult failed to supervise a child. Shared fault can reduce compensation, but it does not automatically eliminate the claim.
Filing Deadline
Under California Code of Civil Procedure §335.1, most injury lawsuits must be filed “within two years.” A claim involving a city-operated pool may require notice “not later than six months” under Government Code §911.2.
Swimming pool accident claims often require proof of who controlled the property, who was responsible for supervision, and whether required safety measures were in place. Important evidence may also be changed, repaired, or removed after the incident, which makes early investigation especially important. A lawyer can help by:
This allows you to concentrate on your family and recovery while the attorney manages the claim.
During a free consultation, Hanson & Mouri will review how the accident occurred and outline the next steps available to you. Contact the firm online or call (951) 688-0006 to arrange your consultation.