California is the land of fun, sun, and surf. Sometimes, however, the surf – whether it’s a natural body of water or a man-made pool – can be not so much fun. Every day in the U.S., about ten people die in accidental drownings, and 20 percent of the fatalities are children. In central California, if you suffer an injury in the water, or if a member of your family is injured or dies in an accidental sinking, you are going to need serious help.

Since 1992, the Fresno personal injury attorneys of Tomassian, Pimentel & Shapazian have advocated for the victims of personal injury and the survivors of wrongful death. Our drowning accident attorneys understand the grief of suddenly losing a loved one so tragically, and while nothing can ease that pain, a wrongful death suit can help a family with the unexpected expenses they inevitably face.

DROWNING DEATHS ARE AVOIDABLE

The truth is that most drownings never had to happen. Private pool owners and operators, schools, and city recreation departments are frequently found negligent in sinking cases. Tragically, the age group with the highest sinking rate is children ages 4 and under; most children that age who drown do so in private, residential swimming pools. Fences and locks, used consistently, are the most effective tools to prevent children from sinking.

What are the causes and how can Drowning Accidents be prevented?

The most tragic cases of drowning are a lack of a fence or lockable gate. In such cases, the victim is frequently a small child and the loss to the family absolutely catastrophic. Lockable gates and fences are the best defense against your children drowning. In addition, warning signs and monitored camera surveillance also help.

Who is responsible when a drowning accident occurs?

Determining responsibility in a drowning accident can be complex and depends on various factors. Here are some key points to consider when assessing liability:

Pool Owners and Operators:

Private Pools: Homeowners or property owners can be held liable if they fail to maintain a safe environment. This includes ensuring proper fencing, gates, and warning signs are in place to prevent unauthorized access, especially by children.

Public and Commercial Pools: The operators of public or commercial pools, such as hotels, resorts, or community centers, have a duty to maintain safe conditions and comply with safety regulations. Failure to do so can result in liability if a drowning accident occurs.

Lifeguards and Staff: Lifeguards are responsible for monitoring swimmers and responding quickly to emergencies. If a lifeguard fails to act promptly or is negligent in their duties, they, along with their employer, may be held liable for a drowning accident.

Maintenance and Equipment: Companies or individuals responsible for pool maintenance may be liable if faulty equipment, such as drains, pumps, or filtration systems, contributes to a drowning. Proper maintenance and repair of safety equipment, like life rings and rescue poles, are also crucial.

Negligence and Breach of Duty: Liability can arise from negligence, such as failing to supervise young children, not providing adequate safety instructions, or neglecting to enforce pool rules. In some cases, inadequate training or supervision of staff can also be grounds for liability.

Product Liability: If a drowning results from defective pool equipment or toys, the manufacturer or distributor of the faulty product may be held liable under product liability laws.

Third Parties: In some situations, third parties such as event organizers or swim instructors could be liable if their actions or negligence contributed to the drowning accident.

Each drowning case is unique, and establishing liability requires a thorough investigation of the circumstances surrounding the incident. Consulting with a knowledgeable attorney can help identify responsible parties and build a strong case for compensation.

At Tomassian Pimentel & Shapazian, our experienced drowning accident lawyer is dedicated to helping victims and their families seek justice in drowning accident cases.

How can drowning accident attorneys help with your swimming pool accident case?

The most important service a lawyer can provide after a drowning is to make a determination as to who is culpable for what happened. Everyone knows the danger posed by unattended pools, not everyone knows the laws and requirements related to pool installation. A drowning accident lawyer can be indispensable in helping make that determination.

Misplaced Trust Can Be Tragic

We trust those who operate schools and summer camps to protect and adequately supervise our children. At pools and beaches, we trust lifeguards to be alert. And we trust that pools are locked and fenced for safety and security.

Sometimes, sadly, that trust is misplaced. When safety precautions haven’t been taken, liability can come into play. When an injury or drowning occurs, a pool’s owner(s) or operator(s) may be legally responsible, and victims or survivors can pursue a personal injury or wrongful death claim. Let the drowning accident attorneys of Tomassian, Pimentel & Shapazian help.

To learn more about your rights after a drowning in California, call the skilled accident attorneys at Tomassian, Pimentel & Shapazian. We maintain flexible hours to meet your scheduling needs, and we return every call promptly. Tomassian, Pimentel & Shapazian serves clients in Fresno, Madera, Tulare, Kingsburg, and Hanford counties.

Our staff speaks Spanish and French, so don’t let a language barrier keep you from the legal help you need. Call the drowning accident attorneys of Tomassian, Pimentel & Shapazian today at 559-545-0383 or contact us online to schedule an initial consultation.