San Jose Swimming Pool Injury Lawyer | Swimming Injury Attorney in San Jose

The Consumer Product Safety Commission (CPSC) estimates in a 2013 report that over 5,000 individuals are admitted to the emergency room every year for water-related injuries. A vast majority of these are associated with pools, as opposed to a spa or natural body of water. Of those, 75% of the injuries are children under the age of 5. In addition, the CPSC also notes that from 2008 to 2010, there were 390 reported fatalities per year in children under 15 years old. These numbers tend to rise as the temperature does.

Because of these averages, California instituted a number of specific safety codes concerning both private and public pools. Any violation of these codes can incur legal action or a potential lawsuit, should an accident occur on the property.

Some of the more salient points in each include:

• California Health & Safety Code (public pools):
  • 116040. Every person operating or maintaining a public swimming pool must do so in a sanitary, healthful, and safe manner.
  • 116033. Persons providing aquatic instruction, including, but not limited to, swimming instruction, water safety instruction, water contact activities, and competitive aquatic sports, at a public swimming pool shall possess current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department.
• California Swimming Pool Safety Act (private pools):
  • 115922(4). The residence shall be equipped with exit alarms on those doors providing direct access to the pool.
  • 115922(5). All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.

Additionally, pool owners in the state of California are responsible for anything that takes place on their property. A failure to do so can result in a premises liability lawsuit. Our dedicated swimming accident attorneys can help establish which codes or laws were violated and how to proceed with any lawsuit as a result.