Drowning Swimming Pool Accident Attorney

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The Law Offices of Samuel P. Moeller specialize in personal injury claims and represent clients in Arizona who have been affected by an array of cases including the unfortunate instances of swimming pool drowning accidents. Here in Arizona, swimming pool accidents are quite common. While it will not take away the full pain and suffering in the instance of a swimming pool drowning, receiving compensation will help you regain control of the situation and move forward with ease and peace of mind. Samuel P. Moeller is an experienced swimming pool accident attorney that is ready to help you during this most difficult time.

When it comes to drowning accident cases, the laws are complex. From filing your claim to negotiating with insurance companies, to filing lawsuits, it’s important to hire an experienced swimming pool accident attorney to represent you every step of the way. Having the right attorney on your team will ensure that you fully understand all aspects of your situation and will help you to build the strongest case possible in collecting the maximum compensation benefit for your claim.
swimming pool accidents

Swimming Pool Drowning – Who is Responsible?

For children ages 1 to 4, drowning is the leading cause of death. Here in Arizona, those numbers are higher than in other states due to the commonality of pools in backyards and include children, teens, adults and the elderly. Drowning incidents due to swimming pool accidents account for almost 3,000 people each year.

It is required by law that pool owners follow a measure of safety precautions for those in and around their pool. If a drowning does not occur, most swimming pool accidents result in traumatic brain injuries. Either way, the impact of a drowning accident is usually a lifelong physical and mental hindrance that impacts the quality of life for those directly and indirectly involved.

From hotel pools and hot tubs to public swimming pools, private swimming pools and water parks, the nature and location of the downing accident will determine the liability and compensation benefit.

Public pool owners can be held liable if any of the following were not in place at the time of the incident:

- Negligence by the lifeguard that directly caused the drowning
- Unlocked premises
- Warning sign displays not present for shallow diving depths
- Warning sign displays not present if lack of a lifeguard exists

As a private pool owner that had a drowning accident occur, you can be held liable if any of the following safety measurements were not in place at the time of the drowning:

- The installation of a lockable fence around the pool area
- The ease of access to safety equipment
- Slip-proof surface installation
- Warning sign displays in the case of shallow diving depths

Drowning Accident Cases

Drowning Accident Cases: Lawsuits and Claims

When a drowning occurs, a solid case needs to be built with sufficient evidence to prove the lack of a safety precaution or the negligence of a responsible party. The swimming pool laws can make the case complex to navigate on your own, so hiring a reputable swimming pool accident attorney would be of your benefit to properly file your claim and lawsuit if necessary.

There are many different factors that can relate to a drowning accident in Arizona. According to the Centers for Disease Control and Prevention, here are the top causes of swimming pool accidents:

- Overcrowded facilities
- Defective equipment and drains
- Poor swimming pool maintenance
- Alcohol use
- Lack of fences
- Lack of swimming capability
- Lack of supervision
- Lack of life jacket use

Any of these instances can result in a drowning or severe injury including but not limited to head injuries, brain damage, spinal cord injuries, soft tissue injuries and broken bones. If you or your loved one has suffered any of these injuries or had died due to a perceived negligence or wrongful death, you are subject to receive compensation for damages.

Compensation for water-related accidents include:

- Medical expenses
- Lost wages
- Loss of companionship
- Diminished quality of life
- Pain and suffering
- Other damages

If it is a case of wrongful death related to the swimming pool drowning accident, the damages awarded will likely be larger and require expert help in assessing the proper amount to demand in your claim.

accidents and injuries
Throughout the case, in relation to Arizona Water Safety Laws, negligence must be proved by meeting the below criteria in your case:

Duty - The party at fault owed a duty to you or your loved one
Breach - The party at fault failed to fulfill their duty
Causation - The party’s actions directly caused your injury
Damages - The justification of damages owed to you as a result of the accident

Due to specific statutes related to pool safety and swimming pool laws, seek proper professional right away. They will understand all aspects of the incident and which laws apply.

Insurance companies will try to get you to settle for a far lower amount than what you’re entitled to. Without a lawyer, you may not understand the full extent of damages in which you deserve in relation to a swimming pool accident. The insurance companies know this and will use it to their advantage. You may also decide to settle for a lower amount because you don’t understand the negotiation power that you have in a swimming pool accident claim circumstance.

At the Law Offices of Samuel P. Moeller, we devote our time and work toward building a solid case in order to get the maximum amount of money for our clients. Our firm is reputed as an aggressive representative of defense firms, irresponsible parties, and insurance companies.

We work on a contingency fee basis in which you pay zero cost until your case is won. If we are not able to recover compensation in your case, we never collect legal fees. We fight exclusively for you and we take pride in serving clients that are traumatized by accidents and injuries. Contact us today for your free consultation!