San Diego Swimming Pool Accident Lawyer

Representing Victims & Families of Southern California Pool Accidents

When the Southern California sun is shining, swimming pools offer a perfect escape. But what should be a day of fun can quickly turn into a tragedy due to negligence or unsafe conditions. If you or someone you love has been injured in a pool-related incident, the experienced team at The McClellan Law Firm is here to help. Our San Diego swimming pool accident attorneys are dedicated to holding responsible parties accountable and securing the compensation you deserve.

Whether the accident happened at a private residence, hotel, apartment complex, or public facility, our legal team understands the complexities of premises liability and California swimming pool laws. We are committed to helping victims navigate the legal system during this difficult time

Call (619) 215-1488 or contact us online today to schedule a free consultation with an experienced San Diego swimming pool accident attorney.

California Swimming Pool Laws

Swimming pools are regulated at both the state and local level to protect the public, especially children. In California, the Swimming Pool Safety Act requires residential pools to have at least one approved safety feature, such as:

• A safety pool cover
• A fence at least 60 inches high with a self-closing, self-latching gate
• Alarms on doors leading directly to the pool
• Other ASTM-approved safety devices

In San Diego, additional municipal codes may apply to construction, fencing, and maintenance of pools. Owners who fail to comply with these laws may be found negligent if an accident occurs.

Commercial properties like hotels and apartment complexes have even stricter requirements under California Health and Safety Code Section 116050, including clear signage, emergency telephones, depth markers, and regular maintenance.

When these legal requirements are violated, and someone is hurt, a San Diego swimming pool accident lawyer at The McClellan Law Firm can help you build a strong case.

Common Types of Swimming Pool Accidents

Swimming pool injuries range from minor scrapes to catastrophic harm or death. Some of the most common types of swimming pool accidents include:

• Drownings and Near-Drownings: Drowning is a leading cause of unintentional death in children under 14. Survivors of near-drownings may suffer brain damage or other permanent injuries.
• Slip and Fall Accidents: Wet surfaces around the pool can lead to slips, causing broken bones, back injuries, or head trauma.
• Entrapment Accidents: Suction from pool drains can trap swimmers, especially children, leading to serious injury or death.
• Diving Accidents: Diving into shallow water may result in spinal cord injuries or paralysis.
• Chemical Exposure: Improper use or storage of pool chemicals can cause burns, respiratory problems, or poisoning.
• Electrocution: Faulty wiring or malfunctioning pool lighting systems may lead to electrocution hazards.

Common Causes of Swimming Pool Accidents

Understanding what caused a swimming pool accident is critical to determining liability. Some common causes include:

• Inadequate Supervision: Especially at pools where children are present, a lack of lifeguards or attentive adults is a leading factor in accidents.
• Failure to Maintain Safety Barriers: Broken gates, missing pool covers, or ineffective fencing can allow unauthorized or unsupervised access.
• Poor Pool Maintenance: Cloudy water, broken equipment, and unbalanced chemicals can create a hazardous environment.
• Violation of Safety Codes: Ignoring local or state building codes, signage requirements, or pool occupancy limits increases risk.
• Defective Equipment: Ladders, drains, and diving boards must be in safe working condition. Manufacturer defects or improper installation may lead to injuries.

Who is Liable for a Swimming Pool Accident?

Liability for swimming pool accidents depends on where and how the incident occurred. Possible responsible parties include:

• Private Homeowners: Homeowners can be held liable for injuries under premises liability laws, especially if safety measures were not in place or if the injured person was a child.
• Hotels, Resorts, or Apartment Complexes: Commercial property owners are expected to provide a reasonably safe environment. Failure to maintain the pool, provide lifeguards (when required), or follow regulations may result in liability.
• Government Entities: If the accident occurred at a city-run or public pool, the government agency might be responsible. However, suing a government entity involves special notice requirements and shorter deadlines.
• Product Manufacturers: If faulty pool equipment caused the accident, the manufacturer or installer might be liable under product liability laws.

Our experienced San Diego swimming pool accident lawyers will investigate every angle to identify the negligent party and seek maximum compensation for your injuries.

Swimming Pool Accident FAQs

What should I do after a swimming pool accident?

Seek medical attention immediately, document the scene, gather witness information, and contact a lawyer as soon as possible. Don’t speak to insurers without legal guidance.

Can I file a claim if my child was injured at someone else’s pool?

Yes. Property owners have a duty to protect children, including taking steps to prevent attractive nuisances like unfenced pools.

How long do I have to file a claim?

In California, the statute of limitations for personal injury claims is generally two years from the date of the accident. For government entities, you may have only six months to file a claim.

What compensation is available?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, long-term care, and more.

Do I need a lawyer?

Swimming pool accident claims often involve complex liability issues and powerful insurance companies. Having an experienced attorney significantly improves your chances of a fair outcome.

Preventing Drowning Accidents

In 2010, 1,000+ children in the United States died from unintentional drowning, according to the U.S. Centers for Disease Control and Prevention (CDC). More children aged 1-4 die from drowning than any other cause, except birth defects. What is particularly troubling about these incidents is that they are largely preventable.

The CDC offers the following four prevention tips to protect children from drowning:

• Always be on the lookout: Supervision is perhaps the most important aspect of water safety. Caregivers should never leave children unattended while swimming or playing near the water, even children who know how to swim. Closely supervise children at all times and remain within reaching distance, even if a lifeguard is present. Avoid distractions that may take your attention from your child, such as cell phones, alcohol, reading, etc.
• Get educated: Adults and children should learn to swim, particularly if they have a swimming pool or other water source on or near their property. Parents should also learn CPR so they can respond if an accident does occur.
• Fence off pools: Parents and others who have pools or other water sources on their properties should take necessary steps to fence these areas off. Childproof fencing can help prevent children from accessing a pool in the first place, without adult supervision. Even when fences are installed, however, remember that children should still be supervised in case they find a way in or around the fence.
• Insist on life jacket use: While on natural water sources, it is important to insist that children wear life jackets. Even if they know how to swim, life jackets can help prevent drowning in the event of a fall overboard or other accident.

Meet Our Team to Schedule a Free Case Evaluation

For many years, The McClellan Law Firm has been recognized as one of San Diego's leading personal injury law firms. Our team is led by an AV Preeminent-rated* trial attorney, Craig R. McClellan, who was the first San Diego personal injury lawyer to be admitted into the Inner Circle of Advocates.

This organization is an elite legal association of the top 100 personal injury lawyers in the United States. Our history and our past successes give us access to the necessary resources to investigate and litigate complicated personal injury and wrongful death cases, including drowning incidents at swimming pools, in hot tubs, and at public and private beaches.

To find out how our team of attorneys and staff can help you protect your rights after a serious swimming pool accident, contact The McClellan Law Firm at (619) 215-1488 to make an appointment.