Both public and private swimming pools can be extremely dangerous if they are not properly maintained and if pool owners do not ensure guests are constantly supervised while in and out of the water. Unfortunately, even a momentary lapse in concentration or seemingly minor omission can lead to someone sustaining a serious injury through a slip and fall, drowning, or any number of other accidents that could be life-threatening under certain circumstances.
Put simply, swimming pool accidents in Bakersfield are very serious matters that can very often justify civil litigation if one leads to you or a family member sustaining otherwise preventable harm. That said, they can also be more complex in both legal and practical terms than you might expect, so having help from an experienced slip and fall attorney may be vital to proceeding efficiently through the legal process and maximizing your chances of getting the restitution you deserve.
Under California “premises liability” law, recreational property owners who allow other people onto their property for a fee have an extensive “duty of care” which requires them to warn all their lawful visitors about known hazards and inspect their property regularly for new hazards. Private homeowners who allow houseguests to use private pools still have a duty to provide advance warning of hazards they already know about, but they may not be liable for hazardous conditions they genuinely had no knowledge of or those that were “open and obvious” to any rational person.
Generally speaking, pool owners are not civilly liable for swimming pool accidents in Bakersfield which cause harm to people illegally trespassing on their land. However, one important exception to this rule is the “attractive nuisance” doctrine, which allows private landowners to be held liable for injuries sustained by trespassing young children who were able to easily access a swimming pool due to the owner’s failure to properly secure their property—for example, by building a fence around it.
Unfortunately, swimming pool accidents tend to be much more dangerous than many other types of accidents that could happen on private Bakersfield property. Someone who is deprived of oxygen through drowning for even a few seconds can sustain permanent and debilitating brain damage, and fatal injuries are all too common in incidents like this.
With that in mind, civil recovery for this sort of injury often must account for expected future damages which will not fully come to pass until well after the legal process concludes, including things like:
If a swimming pool injury leads to someone’s premature death, a compassionate premises liability lawyer could alternatively help surviving family members recover for their own ensuing losses, such as lost future financial support, lost love and companionship, and emotional anguish.
Swimming pools are often only as safe as the people who own and operate them, which means negligence by pool owners can have life-altering repercussions. If you or someone you love has been harmed through this sort of neglect, taking proactive legal action against the person responsible for causing that harm could be crucial to protecting your best interests now and well into the future.
A seasoned legal professional could discuss your recovery options following a swimming pool accident in Bakersfield in more detail during a confidential consultation. Schedule yours by calling today.
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