HOA Drowning & Accident Lawyer
Swimming pools are fun to cool off in the summer heat, but they can also be extremely dangerous. Therefore, homeowners associations (HOA) and condominium complexes should not expect that their pool is safe for swimming until all hazards have been addressed.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for victims hurt in drowning accidents and swimming pool incidents at the local HOA pool or private residence.
Our law firm understands the duty of care that HOAs have to oversee the pool area and the safety of all residents and visitors.
Call our HOA pool drowning accident attorneys at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. All confidential or sensitive information and evidence you share constitutes an attorney-client relationship.
Homeowner Associations: Protecting the Public
Homeowner Association pools are generally not held to the same standards as public or private pools because they do not receive government funding. The lack of accountability often results in unsafe conditions at homeowner association pools, resulting in serious injury if you get hurt while swimming.
Some communities may not have proper signage to warn residents about potential hazards, such as loose debris on the beach or uneven ground near the water. In addition, some areas do not have lifeguards on duty at all times.
The simplest duties to protect public safety include ensuring that there is enough lifeguard staff on duty at all times and making sure that your community pool has proper safety equipment like diving boards and ladders.
Do you own a swimming pool or manage one for an association, property owner, or condominium complexes?
If so, it's important to make sure you know what steps need to be taken before allowing swimmers into the water. Otherwise, you could end up with legal liability issues down the line if someone gets injured while using your facility.
Homeowner Associations and Residential Swimming Pools: Proving Negligence
To prove a case involving a swimming pool accident, drowning, or near drowning, the victim or surviving family members must base the case on the legal theory of negligence.
Typically, negligence under the law means that someone or some entity failed to act in a manner that another person was entitled to expect. When negligence occurs, the victim is usually able to recover damages for their injuries.
Some common examples of negligence in swimming pool cases could involve lifeguards not properly trained, no lifeguards on duty, lack of proper safety equipment like ladders and diving boards, or unsecured debris near the pool area.
Alternatively, you might be able to file a premises liability claim if the HOA neglects pool safety and someone is hurt. Premises liability rules protect individuals who are harmed on the property of another person or business.
Owners, managers, and business operators of rental or commercial properties, including HOAs, have a legal responsibility to keep their property safe. Property owners might cause unsafe conditions that are not obvious without sufficient warnings.
Pool safety is a top priority for HOAs. They must inspect the property, such as their community pool, and ensure that it's maintained to maintain guest safety from harm while they enjoy themselves on site.
Under the law, an attractive nuisance occurs when young children are lured onto the premises by an "attractive nuisance." However, an "invitation" is not explicitly implied. Instead, the child is mesmerized, enticed, or attracted by something, including a swimming pool, playground equipment, or toys.
In cases involving swimming pool accidents, the child could fall into the water accidentally. Residents should not worry about a child being enticed into the water because of poor safety measures.
In these cases, you would have to prove that your accident or your child's accident occurred due to an attractive nuisance. That means proving that the HOA did not act properly on its part when it came to keeping the pool safe for you or your child or that they knew of dangers that could have potentially prevented any harm done by the enticement.
Proving the Four Elements of Negligence and Premises Liability
The case should be based on proving the four elements of negligence that include:
- The defendant (responsible party) owed you the victim (plaintiff) a duty of reasonable care
- The defendant's (responsible party) did not exercise reasonable care when the accident occurred
- The breach (failing to act reasonably or violating safety standards) caused or contributed to the incident in question; and
- The plaintiff suffered injuries, damages, or lost earning capacity as a result of the swimming accident
If you were injured in an HOA pool accident, call Rosenfeld Injury Lawyers, LLC today for your free consultation at (888) 424-5757 (toll-free phone number). We promise to use every legal resource available to ensure that your rights are protected under the law.
Swimming Pool Liability
Depending on who is at fault in a swimming accident, it's possible to hold multiple parties responsible for damages. In these cases, the injured victim could bring claims against the HOA and the property owners where the pool is located.
In some cases involving homeowners associations and residential pools or spas, they may have taken steps to ensure that they educate people on safe use of a swimming pool and all of its equipment. However, if someone is still injured by a hazardous condition on your private property, you will likely be held liable under premises liability laws.
Here are tips from our HOA pool accident lawyers on what homeowner associations or pool owners can do to keep their residents safer:
- Make sure there is adequate signage around your HOA pool reminding guests of potential dangers
- Ensure that all pool equipment including ladders, diving boards, and drains are properly maintained
- Make sure there is at least one trained lifeguard on duty during times when guests are likely to use the pool
- Inspect your pool equipment to check for faulty or dangerous conditions
- Train all residents, including children and teenagers, who live in the community about being safe around the pool and anyone else who may have access to it.
Were you injured on someone's property, whether private or commercial property? If so, you might be entitled to compensation for medical bills and other damages.
To learn more about filing a claim against a homeowner's association or negligent owner of residential or commercial property where someone is injured, speak with our personal injury attorneys at Rosenfeld Injury Lawyers, LLC today at (888) 424-5757. But, first, let's schedule a free no=obligation consultation.
What Are Some Common Injuries From Swimming Pool Accidents?
Because community pools are often designed for family fun and recreation, you may be shocked at how many dangerous circumstances can occur when you least expect them.
Some common injuries resulting from pool accidents include:
- Broken bones
- Internal bleeding
- Traumatic brain injuries
- Spinal cord damage
When you visit a homeowner association pool, you should be able to expect that it has been inspected and any hazards have been corrected.
Unfortunately, homeowners association swimming pools often fall into disrepair and become unsafe for swimmers because of underfunding and lack of management.
You Have Been Injured in a Pool Accident! Now What?
The moment you suffered an injury in a swimming accident or lost a loved one who drowned in the community pool, the legal process begins. In many cases, the homeowners Association will offer an immediate financial settlement to resolve your claim.
However, excepting the first settlement offer is typically not in your family's best interest. The insurance company claims adjuster will often offer a lowball settlement to make the case "go away."
It is important to remember that insurance companies are in the business of generating profits for their stockholders, often at the expense of victims. So instead, consider building your case from the first moment to ensure you receive the maximum compensation your family deserves.
The following steps can help ensure that you receive justice and financial compensation in an attempt to make yourself financially "whole" again. These steps include:
- Seek medical care immediately – only a competent emergency room doctor with the best diagnostic tools can accurately determine your medical condition and any injuries.
- Report what occurred to the homeowners Association – Typically, HOA's well-maintained and incident reports document identifies all the participants, witnesses, accident scene information, and other data required to resolve a claim.
- Document the accident scene – Take photographic evidence and pictures of your injuries that can be used as evidential support at your trial when resolving your case.
- Never admit fault and never speak to anyone other than a personal injury attorney about what occurred.
- Never sign any documents or paperwork without the advice of a personal injury attorney.
Be sure to take great care in selecting your legal representation. Remember, most law firms handle negligence and premise liability cases part-time, not full-time, like Rosenfeld Injury Lawyers LLC.
Only an experienced swimming pool accident attorney focusing on homeowner's association claims can provide you with the dedicated and personalized service your case deserves. Call (888) 424-5757 for more information today!
An attorney working on your behalf can hold the homeowners Association accountable for failing to maintain the premises or create a safe environment based on rules, regulations, and laws.
An attorney identifying the HOA's neglect of pool safety typically results in the highest financial compensation outcomes. Some cases are built on the facility's failure to:
- Fix unlevel concrete surrounding the HOA-owned pool
- Ensure that the swimming pool has a gated fence that closes securely
- Post warning hazards and safety requirements
- Ensure that every HOA-owned pool safety feature is up to the state, regional, and local safety codes
- Maintain a lifeguard on duty at all times or restrict small children and single swimmers to swim alone.
Never Speak With an Insurance Company Representative Without Your Personal Injury Lawyer Present
Soon after the swimming pool accident, slip and fall, near drowning, or drowning, the negligent party, typically the homeowners Association, will contact their insurance company to begin the process.
In response, the HOA's insurance company will release investigators, claims adjusters, and attorneys with the primary duty to limit the amount of financial compensation you receive by minimizing your claim payout.
It is quite common for accident victims and surviving family members to be bombarded with reams of documents requiring answers to questions, statements, and signatures. Within days, the claims adjuster will likely make a small, not so significant, initial offer to resolve your case.
However, should you accept their offer, you will be barred from asking for additional compensation once you recognize the true value of your claim.
Instead, contact a personal injury attorney the specializes in premises liability and swimming pool accident cases. With legal representation on your side, you can accurately determine the value of your past and ongoing medical expenses, lost wages, future lost earnings, loss of consortium, and companionship. Moreover, the value of pain, suffering, mental anguish, funeral & burial expenses, and wrongful death cases.
To ensure maximum financial recovery, never discuss the accident or your swimming pool injuries with anyone before you consult with a competent cylindrical accident attorney.
What You Will Likely Recover in Financial Compensation
You are likely filing a swimming pool accident claim to receive all available damage awards to make yourself "whole" again. In addition to your economic damages like medical costs and hospitalization costs, ill also one payment for your non-economic compensation for your emotional, mental, and psychological damages.
Nearly all personal injury cases, including those involving wrongful death and swimming accidents, will usually involve recouping funds for:
- Hospitalization costs
- Medical expenses
- Rehabilitation, therapy, and future surgery bills
- Lost wages and future lost earnings due to temporary or permanent disabilities
- Loss of consortium and companionship
- Loss of familial support
- Pain, suffering, and mental anguish
- Funeral & burial costs
Wrongful death claims are typically reserved for surviving family members left behind. Usually, you could file a wrongful death claim to recover damages on behalf of your loved one who has died because of negligence.
Typically, if the person responsible for causing your swimming pool accident does not have enough insurance coverage, or if the life insurance policy was mishandled, you will likely recover all financial compensation by filing a personal injury claim.
Hiring An HOA Pool Accident Lawyer for Maximum Compensation
Negligent homeowners associations are responsible for the safety and security of every resident pool in their subdivision. But, sadly, they often fail to live up to the standards and guidelines of maintaining a safe and secure swimming pool.
When filing your claim, you must hire an accident attorney who routinely specializes in slip and fall injury claims and wrongful death cases.
At this stage of your personal injury case, you do not want to settle for less than what is available to you based on your pool-related injuries and available damage awards.
A Swimming Pool Accident Lawyer at Rosenfeld Injury Lawyers, LLC, Can Help!
Are you the victim of a swimming pool accident, or have you lost a loved one through a preventable drowning due to someone else's negligence?
Our reputable legal team will fight aggressively on your behalf to hold the negligent pool owners and their insurance carriers accountable for all damages. In addition, we will pursue maximum compensation for your injuries sustained on someone else's property.
Call our law office today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free case evaluation. All confidential or sensitive information you share remains private through an attorney-client relationship.
Our HOA pool accident attorneys accept all personal injury claims and wrongful death lawsuits on a contingency fee basis. This promise ensures you owe us nothing until we resolve your case through a negotiated settlement or jury award.