Attorney Michael Rehm — (800) 978-0754

Pool and drowning accidents produce some of the most severe injuries in premises liability law — catastrophic brain damage from near-drowning, spinal cord injuries from diving into shallow water, and wrongful deaths, particularly among young children. The property owner's duty to maintain a safe pool environment and the adequacy of barriers, supervision, and warnings are the central issues in most pool accident cases. Attorney Michael Rehm handles pool accident and drowning cases throughout Oakland and Alameda County.

Property Owner Duties for Pool Safety

A property owner who maintains a swimming pool owes a duty of ordinary care to people who use the pool. Civil Code § 1714. For residential pools, California law imposes specific safety requirements under Health and Safety Code § 115920 et seq. (the Swimming Pool Safety Act), requiring at least one of several drowning prevention safety features: an enclosure with a gate isolating the pool from the residence and yard; an approved safety pool cover; door alarms; or a pool alarm. Failure to maintain any required safety feature is evidence of negligence and potentially negligence per se.

For commercial pools — hotels, apartment complexes, fitness facilities — the duty of care includes adequate lifeguard coverage, pool depth markings, posted rules, non-slip surfaces, and regular maintenance of pool equipment and water chemistry. A commercial pool operator who fails to provide lifeguard coverage when the pool is open, or who allows a pool to operate with defective drain covers or barriers, may be liable for injuries that result from those failures.

The Attractive Nuisance Doctrine

California courts have applied the attractive nuisance doctrine to swimming pools in cases involving child trespassers. Under this doctrine, a property owner may be liable for injuries to trespassing children when the dangerous condition — the pool — was likely to attract children who could not appreciate the risk, the owner knew or had reason to know of the danger and of the likelihood of child trespassers, the burden of eliminating the danger was slight compared to the risk, and the owner failed to exercise reasonable care to eliminate the danger or protect against it. Rowland v. Christian (1968) 69 Cal.2d 108; CACI 1004.

California Civil Code § 846 limits the duty owed to recreational trespassers on private property — but that limitation does not apply when the owner has given express permission, charges an admission fee, or when the injured party is a child who was attracted to the property by a hazardous condition. Whether § 846 applies to a specific pool accident involving a child requires case-specific analysis.

Near-Drowning Brain Injury

A near-drowning that results in oxygen deprivation to the brain — hypoxic-ischemic encephalopathy — can cause permanent and severe brain damage. The duration of oxygen deprivation before resuscitation is the primary determinant of the extent of brain injury. Even a few minutes of hypoxia can result in permanent cognitive impairment, motor deficits, and seizure disorders. Near-drowning brain injury cases involve the same catastrophic injury damages analysis as any TBI case: life care planning, future medical cost projection, lost earning capacity, and significant noneconomic damages.

Damages

Pool accident damages include: medical expenses limited to amounts paid or owed under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541; future medical and care costs; lost earnings and earning capacity; and noneconomic damages including pain and suffering and loss of enjoyment of life. Civil Code § 3333. In wrongful death cases arising from drowning, the claim follows Code of Civil Procedure § 377.60 et seq.

California's pure comparative fault rule applies. The statute of limitations for pool accident personal injury claims is two years from the date of the accident. Code of Civil Procedure § 335.1. For claims involving minors, the statute is tolled until the minor reaches age 18 under Code of Civil Procedure § 352. This deadline can potentially bar a claim if missed.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Premises Liability Attorney
• Oakland Catastrophic Injury Attorney
• Oakland Brain Injury Attorney
• Oakland Wrongful Death Attorney

Attorney Michael Rehm handles pool accident and drowning cases throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.