When facing the risk of drowning or serious injury from drowning, there are many factors to consider. Drowning hazards can exist on both private and public property, inside and outside. These can occur at places such as condos, inns, motels, hotels, water parks, cruise ships, amusement centers, and various other places and could be a particular problem if not properly secured.
When an owner, landlord, or manager is not doing their job and does not do the correct work to make sure that the area is safe, they could be liable under California law. If they do not have a secure pool cover, lifeguards on duty, or have malfunctioning or broken gates these could all be major issues. Also, this can happen at any place anywhere, including private swimming schools.
Even if a person survives with a partial asphyxiation, there could be severe repercussions. There could be terrible physical and emotional problems, including severe brain damage. But this results because deprivation of oxygen could cause a loss in IQ or function. Negligence commonly causes these accidents.
The stalwart Los Angeles personal injury attorneys at Ehline Law Firm stand ready to take our knowledge and experience all the way for you. In fact, we remain willing to assist in any way possible when handling liquid submersion incidents.
When dealing with water injuries, from a swimming pool to a Jacuzzi hot tub, they all have common factors. They will all result in medical costs and severe emotional aftereffects. The living will face possible PTSD and depression while the dead will have family members shocked and left with the bill. Only the best in attorneys can right such a situation.
Our lead attorney, Michael Ehline, is a former Marine who doesn’t give up. AVVO recognizes his firm. Also, Ehline is “A Rated” by the BBB. So when you need assistance in this trying time, you need only the finest in injury and wrongful death attorneys. Our experience goes well beyond the law.
Also, we have expertise in the greater Los Angeles courts and County Health, Residential, Building and Safety Codes and Statutes, and medical knowledge to back it all up. Our hundreds of similar cases have given us the experience to be able to get what our clients and their kids deserve.
After such a tragedy these claims become limited to money damages. A drowning survivor must file the damages claim or injury lawsuit against the person or persons who failed to act or react with reasonable care to prevent or at least mitigate the incidents that occur. This way, the law can protect you, and the courts could make the negligent party pay for the damages caused.
But his can only happen if the law firm involved the mettle to research and compile what happened and craft a case that shows the owner or manager not upholding their duty and securing the area, training personnel, or having adequate signage.
Unfortunately, most of these claims involve small children. Also, this can destroy a family, as parents and siblings have to deal with the tragedy of brain damage or death. So we fight for the family of kids hurt in pools and hot tubs. The Center for Disease Control (“CDC”) indicates that there were over three thousand three hundred (3,300) drowning accidents from submersion in water, in the year 2000.
The rate of drowning death for children under 16 constitutes 25% of all drowning deaths in the United States. According to CDC statistics, nearly 350 kids 5 and under suffer death from drowning each year. Injuries related to drowning, including death and coma are the second largest cause of death for kids 5 and under, below auto accidents.
Ehline’s lead attorney, Michael Ehline wants all pools and Jacuzzis* to be safe:
Statistics show that as of 2000, over 2600 small children were admitted to emergency care in hospitals. And they were treated for drowning incidents– which could lead to brain injury, broken bones, and contusions.
Beyond death, at least 5,000 children suffer permanent injuries. For example, kids can get nerve damage that requires future medical care and treatment. But this remains tremendously expensive. In fact, in-house care and nursing, hospitalization, and specialists’ visits can break the average family financially.
Most drownings happen in backyard hot tubs, such as Whirlpools, Spas, basic swimming pools, including shallow lap pools. So any land owners should fence in the areas as mandated by California state law. But also remember, building and safety codes are a floor and not a ceiling.
A landowner must take steps beyond legal mandates to keep people safe. In fact, this is part of exercising “reasonable care.”
- Five (5) Foot or Higher Fences;
- Gates with Building and Safety Code Certified Safety Standards;
A Reasonable Pool and Jacuzzi Hot Tub Owner Should Also Install and Maintain:
- Infra Red Motion Detectors;
- Snug Pool Covers Children Cannot Sink Underneath;
- Closed Circuit Camera Systems in Their Recreational Pool Areas.
These accidents can also include slip and fall on slippery pool decks that were not properly cleaned. So this could cause a broken bone and bring premises liability law into play.
Anyone thinking of representing themselves in an event like this should recognize the enormous complexity involved. There are courts, insurance companies, negligent parties, and other attorneys involved that could all tear your claim to shreds.
Only an attorney with the skill to organize a case from the ground up can help you win. They have to take into consideration statutes of limitations– it’s vital for you to file immediately, accident scene reconstruction, medical bills, insurance policies, and others.
Don’t think you can go it alone. We can handle every step of the way, from the medical treatment all the way to a court case if necessary. We will take on the owners, demand more safety requirements, and hold people accountable. Michael Ehline is trusted by clients in the LA area for a reason.
Ehline is involved in water lawsuits and insurance claims constantly, and his case study is second to none. But his knowledge of the law and medical issues is what makes his service a cut above the rest. Also, we will cover almost any negligence claim. In fact, we always do it with the professionalism and skill needed.
There are many areas in the greater LA area that are drowning hazards– from pools to water parks, to Hurricane Harbor, to beaches. Even worse, when summer comes, the large crowds increase the chances of disaster. Having a law firm familiar with the LA County Court System is a boost.
In any event, we will begin immediately and pressure those responsible to do their due diligence. Most of all, if you or a loved one has faced drowning, don’t let the minutes slip away. Why not call a dedicated attorney ready to fight on your behalf? Although we may never be able to fill the hole of a lost person, we will do our best to get you justice.
Call us for a free, no-pressure consultation at (213) 596-9642.