SWIMMING POOL INJURIES

Every swimming pool owner is required to provide a safe environment for children and adults alike. This responsibility applies to private swimming pools, public or community swimming pools, and hotel/motel swimming pools. If you have been injured in a swimming pool, or if a loved one has died or been severely injured in a swimming pool, you may be entitled to an award of damages under the law. Call the Levinson Law Group at 1-866-643-HURT (4878) for a free case evaluation today.

In California, drowning is the number one cause of accidental death for children ages one through four. A child can drown in water less than two inches deep. Thousands of adults will also die or suffer catastrophic injuries as a result of swimming pool mishaps. For every drowning, five near drowning cases are treated in emergency rooms. Irreversible brain damage from oxygen deprivation can occur in less than three to five minutes. Disabilities from non-fatal drowning can range from memory problems and learning disabilities to permanent cognitive disabilities and brain death.

According to the Center for disease control and prevention, in 2004 there were 3,308 accidental fatal drowning in the United States (an average of nine people per day) which does not include boating related drowning. Males account for 78% of fatal drowning in the United States. Alcohol is involved in 25-50 percent of adolescent and adult water deaths. Many of these deaths occur in swimming pools and are preventable.

California Swimming Pool Safety Act of 1996 (AB-3305)

The California Swimming Pool Safety Act provides minimum construction standards and lists definitions of items regulated under the act. Under the act, swimming pools must be equipped with at least one of the following safety features:

• The pool must be equipped with an approved safety pool cover
• The residence shall be equipped with exit alarms on those doors providing access to the pool
• All doors providing direct access from the home to the pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor
• The pool shall be isolated from access to a home by an enclosure that meets the requirements of section 115923 (reprinted below)

Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in the California Swimming Pool Safety Act, as determined by the building official of the jurisdiction issuing the application building permit.

Pool enclosures that meet the California swimming pool safety act under section 115923 must have all of the following characteristics:

• Any access gates through the enclosure must open away from the swimming pool, and must be self-closing with a self-latching device placed no lower than 60 inches above the ground
• The enclosure must be a minimum height of 60 inches
• The enclosure must have a maximum vertical clearance from the ground to the
• Bottom of the enclosure of two inches
• Gaps or voids, if any, in the enclosure must not allow passage of a sphere equal to or greater than four inches in diameter
• The enclosure must have an outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over

The Swimming Pool and Spa Safety Act of 2006

In addition to the above requirements, the Swimming Pool and Spa Safety Act of 2006 was enacted to eliminate the still prevalent threat of injury due to hair entanglement caused by suction hazards. This 2006 law states that whenever a building permit is issued for the remodel or modification of a single family home with an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool, or spa be upgraded so as to be equipped with an anti-entrapment cover meeting the current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

More safety tips

• Take swim classes and learn CPR
• Limit access to the pool or spa
• Never leave young children unattended in or near bathtubs, pools, spas, or toddler wading pools
• Do not allow children to play in pool areas and keep toys out of these areas
• Keep rescue equipment nearby (long-handled hook or ring buoy)
• Flotation toys should only be used as toys with adult supervision, because they are often confused with, but are not, lifesavers
• Only answer the phone if you can do so without leaving children unattended
• Install a phone by the pool or use a cordless phone
• Drowning does not only happen to children, so do not allow anyone to swim alone
• Completely remove a pool or spa cover to avoid the possibility of someone becoming trapped under the cover.

At the Levinson Law Group, we know how to maximize financial recoveries for victims and survivors of swimming pool accidents, and we are sensitive to the unique issues raised in drowning and near drowning cases. If you or a loved one has died or been injured in a swimming pool, call the Levinson Law Group at 1-866-643-HURT (4878) to schedule a free consultation today.