Walnut Creek Swimming Pool Accident Lawyer
California is home to over 1 million swimming pools, and those are just the ones located on private property. Many of those swimming pools are right here in Walnut Creek and while they provide a great way to beat the heat, they are also dangerous. This is particularly true when children are around swimming pools and do not know the risks they pose. If you or someone you love has been hurt on someone else’s property, a Walnut Creek swimming pool accident lawyer can help you claim the damages you deserve.Liability in Walnut Creek Swimming Pool Accidents
Property owners in Walnut Creek are governed by the premises liability laws of the state. Under these laws, property owners are responsible for maintaining their premises in a safe condition for all visitors to enter. When it comes to swimming pools, property owners must abide by the Swimming Pool Safety Act to ensure their pool is properly enclosed, gated, and inaccessible to unauthorized people. These laws are meant to protect everyone, including small children, who might wander onto the property and become intrigued by the pool, which can easily lead to an accident.
It is not only private pool owners that must ensure their property is safe for visitors. Public pools must also follow very strict standards, which can be found in Chapter 31B of the California Building Code and Title 22, Division 4, Chapter 20 of the California Code of Regulations. Like private pool owners, those responsible for inspecting, maintaining, and operating public pools are also liable if they do not meet the minimum standards and someone becomes hurt as a result. Any of these entities can be held liable for damages with the help of a swimming pool accident lawyer in Walnut Creek.The Statute of Limitations in Walnut Creek Swimming Pool Accident Claims
The statute of limitations is the amount of time you have to file your claim, and they apply to all personal injury claims, including those involving swimming pool accidents. Generally speaking, you have two years from the date of the injury. After this time, the statute of limitations will expire and you may forfeit your right to damages. However, there are two exceptions to this law in swimming pool accident cases. These include:
- Age: Drowning is the second leading cause of death among children aged 1 to 5 in California. When the injured party was a child and they survived the accident, they are not considered to have the mental capacity to file a claim. As such, the statute of limitations is still two years, but the clock does not start ticking until the child’s 18th birthday.
- Government entity: If the liable party is a government entity, such as a municipality that ran and operated the pool, you may have much less time to file your claim. You generally must file an administrative claim within six months of the injury. If the claim is denied at that stage, you have six months from the date of denial to file a lawsuit.
Two years is not a lot of time, even if an exception applies to your case. It is for this reason it is important to contact a Walnut Creek swimming pool accident attorney as soon as possible.Call Our California Premises Liability Lawyer
If you or someone you love has been hurt on someone else’s property, a swimming pool accident attorney in Walnut Creek at Brod Law Firm can help you claim the damages you deserve. Call us today at (800) 427-7020 or fill out our online form to schedule a free case evaluation.