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Santa Clarita Swimming Pool Accidents

Drowning and Near-Drowning Accidents

Unintentional drowning is a huge problem throughout the United States. Statistically speaking, an estimated ten people die every day because of accidental drowning incidents. The Centers for Disease Control and Prevention (CDC) state that unintended drowning ranks in the top five leading causes of accidental death in our nation.

The CDC also had this to say:

From 2005-2009, there were an average of 3,533 fatal unintentional drownings (non-boating related) annually in the United States — about ten deaths per day. An additional 347 people died each year from drowning in boating-related incidents.

Sadly enough, a large portion of the total drowning accidents that occur involve children under the age of 14. Children must be supervised at all times. If at a public pool, children must be supervised by a lifeguard. If a lifeguard is not on duty, then parents or other guardians should be keeping a close eye on the children. Near-drowning accidents are also incredibly dangerous.

A lack of oxygen to the brain for prolonged periods can result in impaired brain function that lasts for the duration of a victim's lifetime. If you or someone you know was recently involved in this type of accidents, please consider speaking with a Santa Clarita swimming pool accident lawyer from our firm.

Swimming Pool Laws in Santa Clarita, CA

The Swimming Pool Safety Act requires Santa Clarita homeowners to install at least one of the seven specified drowning prevention safety features for new or remodeled pools:

  • Enclosure: An approved fence, wall, or barrier serving as an enclosure that separates the pool from the house.
  • Removable Mesh Fencing: The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials Specifications, in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
  • Safety Cover: The pool shall be equipped with an approved safety pool cover.
  • Exit Alarms: The residence shall be equipped with exit alarms on those doors providing direct access to the pool.
  • Self-Closing, Self-Latching Doors: All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.
  • Swimming Pool Alarms: Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water.
  • Other Means of Protection: Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Mechanical Engineers (ASME).

Determining Fault in Drowning Accidents

Drowning may be a result of personal liability, rather than caused by the negligent or careless actions of another. In many instances, drowning could have been avoided. Most commonly, drowning accidents fall under the categories of premises liability or product liability. In the case of the former, a pool owner or supervisor failed their duty of care in some way, and that failed duty of care resulted in the drowning or near-drowning. For example, if a child dove into a pool where there were no clearly marked water depth signs, and the child was injured, the pool manager/owner may be held liable.

In the case of product liability, a pool toy or accessory could have contributed to the drowning. For example, some drain caps can break easily and leave the drains' powerful suction exposed. The suction at times can be so great that it can hold a person at the bottom of the pool.

To learn more about drowning and pool-related accidents, please do not hesitate to contact a Santa Clarita swimming pool accident lawyer from The Law Offices of Gerald L. Marcus today.

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