WHO IS RESPONSIBLE FOR POOL ACCIDENTS?
Posted on Friday, July 1st, 2016 at 11:06 pm
Pool accidents typically fall under the category of premises liability (often referred to as “slip and fall” cases). However, as the tragic story below illustrates, pool accidents can also fall within other areas of law.
Defective Pool Equipment Causes One Death and Several Injuries
One man is dead, his daughter is in critical condition, and five others injured when they received an electrical shock while in a pool. When emergency personnel arrived, bystanders were performing CPR on 43-year-old James Tramel and his 9-year old daughter. Mr. Tramel was pronounced dead and his daughter is in critical condition. The other five victims were not as close to the source of the electric shock and only suffered minor injuries.
Firefighters believe the cause of the electric shock was “faulty pool wires.” Tramel and his daughter had to be pulled from the pool; however, the other victims were able to get out of the pool on their own.
Determining Fault in Pool Accidents
In this case, it is unknown who is at fault for the electric shock that took one life and injured six others. A thorough investigation determines fault. It is important to determine why an injury occurred. If the injury occurred due to a defective product (i.e. faulty wires), the manufacturer of the wires is liable for the damages. However, if the installation of the wires caused the condition that resulted in injury, the party who installed the wires is labile. On the other hand, if the faulty wires are due to lack of maintenance, the owner of the pool is liable.
Proving fault is vital in a personal injury case, especially pool accidenets. You can only receive compensation for your injuries if you can prove fault. It is important to identify who is at fault because the various persona injury laws have different elements that you must prove. An experienced personal injury attorney understands the difference between premises liability (the owner is liable) and product liability (the manufacturer is liable) and how to prove each cause of action.
In some cases, more than one party is liable for the dangerous condition that resulted in an injury. Naming all responsible parties increases you chance of recovering full compensation for your injuries. You want to hire a Sacramento personal injury attorney who conducts thorough accident investigations to identify all liable parties and preserve evidence needed to prove fault.
Call A Sacramento Personal Injury Attorney Today
Our personal injury attorneys have the experience required to conduct accident investigations to protect your right to receive compensation for your injuries. Call the Tiemann Law Firm at (916) 999-9000 or chat with a representative on our website to schedule a free case evaluation.
Prevention prevents some pool accidents. For more information on pool safety, visit the California Department of Developmental Service’s Drowning Prevention webpage.