The San Diego area is full of swimming pools, from the private Rancho Bernardo Swim & Tennis Club to public pools managed by San Diego Parks & Recreation. When you visit a hotel pool, a public pool, or a swimming pool at the home of a friend or family member in or around San Diego County, it is important to be aware of slip and fall risks. People who own or manage properties including swimming pools owe a duty of care to customers (for private club and public pools) and to friends and family members (for private residential pools) who are on the property.

Sometimes swimming pool slips and falls happen when nobody plans to swim but the area near the pool is slick from water, while slips and falls also happen to swimmers and sunbathers. We want to say more about preventing slip and fall injuries and provide clarification about liability in swimming pool slips and falls.

Keeping Areas Around Pools Safe

Whether it is a public pool or a private residential pool, it is important to ensure that the area is free from hazards that could cause a slip and fall accident. An article from Urban Pool Services discusses the following safety tips for preventing slips and falls around a pool:

• Walkways adjacent to the pool should be covered with a non-slip surface and, if possible, should have added traction;
• Pedestrian walkways around pools should be free from any obstacles that could lead to a trip and fall;
• Any uneven walkways, or other potentially dangerous pathways, should have handrails for pedestrians to use;
• Fencing and other protective barriers can prevent people from slipping and falling into a pool;
• Warning signs around a pool deck can warn people about the risk of potentially slippery surfaces and the added dangers of running on slick surfaces;
• Excessive areas of pool water in pedestrian pathways should be eradicated; and
• Slick walkways farther distances from the pool caused by wet shoes and wet feet should be cleaned up and/or should be accompanied by warning signs.

Liability for a Pool Slip and Fall

In order for the property owner or manager to be liable for injuries in a slip and fall that happens near a pool, the injured party will need to prove the essential factual elements of a premises liability claim under California law. More specifically, the injured party will need to be able to prove:

• Defendant owned, leased, occupied, or controlled the property including the swimming pool;
• Defendant was negligent in his or her use or maintenance of the property;
• Plaintiff was harmed; and
• Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

You should keep in mind that, in order to prove that the property owner or manager was negligent, the injured party will need to show that the property owner failed to use reasonable care to keep the property in a reasonably safe condition. One of the factors that can be considered in determining whether a property owner is negligent is the location of the property, as well as the difficulty of protecting against the risk of harm. Given that swimming pools are known to produce slick surfaces, it may be more difficult to prove liability in a swimming pool slip and fall than in another type of premises liability claim. However, that does not mean that the property owner cannot be held accountable.

Contact a Rancho Bernardo Slip and Fall Lawyer

If you have questions about filing a slip and fall claim, a Rancho Bernardo slip and fall attorney can help. Contact the Walton Law Firm for more information.

See Related Blog Posts: California Hotel Liability and Swimming Pool Accidents Hoverboards and Personal Injuries

Details of the Recent Drowning Accident

When Lindsay Kujawa took her son Ronin to an outdoor pool party and turned her back “for maybe five seconds,” the toddler fell into the water, according to ABC News and Good Morning America. Kujawa explained that she immediately pulled Ronin out of the water “after about 20 seconds,” and the young boy “seemed unscathed.” Kujawa specifically emphasized that her son hadn’t turned blue and didn’t seem to be choking on water. As a result, she assumed he was just fine and that the tumble into the pool hadn’t caused any injuries.

However, when Ronin fell into the water, some of the fluid got into his lungs, which “prevented the tiny air sacs from moving oxygen into the bloodstream.” Shortly thereafter, the toddler “was having difficulty breathing.” Without medical attention, in fact, “his heart could have stopped.” Ronin suffered from secondary drowning.

While secondary drowning isn’t especially common, according to Dr. Paul Pepe, who is chair of emergency medicine at the University of Texas Southwestern Medical Center, “it does occur.” Indeed, Pepe emphasized that “even children who are resuscitated and rushed to the emergency room after falling in a pool can develop pulmonary edema in the first three or four hours after taking in water.” As a result, if your child sustains a fall into a pool and potentially takes in water, you should visit an emergency room, particularly if you notice any breathing problems, coughing, or general lethargy.

Secondary Drowning and Child Injuries

The recent drowning accident in San Diego involved secondary drowning. What exactly is secondary drowning? According to the National Institutes of Health (NIH), secondary drowning, or “near-drowning,” is a syndrome that occurs after immersion in water. In medical terms, it’s a “deterioration of pulmonary function” that happens after a child has been immersed in a pool, for example.

Why is it so dangerous? For one, it happens after most parents assume their kids are in the clear. An article released by the NIH emphasizes that symptoms of secondary drowning are “usually rapid,” but they’re often “characterized by a latent period of one to 48 hours of relative respiratory well-being.” In other words, a child can have no symptoms of secondary drowning immediately after being immersed in water, but life-threatening symptoms can appear up to 48 hours after the incident.

Drowning accidents happen far too often in the San Diego area, and victims often sustain serious and life-threatening injuries. If you or a loved one has been injured in a drowning accident, you may be able to seek compensation for those injuries. An experienced California drowning accident lawyer can examine the details of your case today.

Photo Credit: *MarS via Compfight cc See Related Blog Posts: Child Pool Drowning Figures Released by Consumer Product Safety Commission Diving Fatality at La Jolla Shores