Swimming Pool Accident Lawyer in Los Angeles: Former Insurance Defense Attorneys
Legal help after a drowning, near-drowning or serious pool injury caused by an unsecured pool, missing supervision, a defective drain or unsafe conditions.
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At a Glance
- What it is: a claim against a pool owner, operator or equipment maker after a drowning, near-drowning or serious pool injury.
- Where we help: Los Angeles, Santa Monica, Beverly Hills, Culver City, Pasadena and the rest of Los Angeles County.
- Why us: David Lederer and John Nojima spent years defending insurers and know which pool records the other side relies on.
- Proof: rated 4.5 stars from 41 Google reviews, with verified results on our case results page.
- Next step: call (310) 312-1860 for a free consultation. No fee unless we win.
Quick Answer
A property owner who fails to secure a pool, or a facility that fails to supervise one, can be liable when someone is injured or drowns. For permitted construction or remodeling of a pool or spa at a private single-family home, the Swimming Pool Safety Act (Health and Safety Code section 115922) generally requires at least two of seven listed drowning-prevention features, subject to the exceptions in section 115925. Claims against a public pool can require written notice within six months.
Swimming pool accident lawyer in Los Angeles from Lederer & Nojima is for families and injured swimmers who were hurt, or lost someone, at an unsecured or unsupervised pool and want the cause investigated, so you can identify the responsible party and protect your claim deadlines.
Pool cases involve a wide range of defendants: a homeowner or landlord, an apartment complex or homeowners association, a hotel or resort, a gym or club, a school or city, a pool service company, a camp or day care, and the manufacturer of a defective drain, cover or ladder. The right claim depends on who controlled the pool, who was responsible for the barrier and who was supposed to be watching.
Pool accidents can cause serious injuries. A child or adult pulled from the water may suffer a brain injury from lack of oxygen, lung damage and long-term cognitive and physical problems. Anyone who has had a non-fatal drowning incident should be checked by a health care provider, even if they seem fine afterward. Other pool injuries include slip and falls on wet decks, diving injuries in shallow water, entrapment in drains and electrical shock.
We investigate the scene before it changes: the fence, gate, latch and alarm, signage, depth markings, the drain cover, maintenance logs and who held the keys. David Lederer and John Nojima spent years defending insurers, so they know which of those records the other side will rely on and which they hope no one asks for.
Former Insurance Defense
David Lederer and John Nojima used to defend insurers. Now they use that knowledge to pressure carriers that try to delay, discount, or deny injury claims.
No Fee Unless We Win
You pay no upfront attorney fee. Our attorney fee comes from the recovery. If we do not recover, there is no attorney fee, and the written agreement explains how case costs are handled.
Free Consultation 24/7
Call any time after an injury. We can protect evidence, deal with insurers, and explain your next move before deadlines pass.
What do we look for first in a pool accident case?
Barriers and gates
A fence with a gate that does not self-close and latch, or a door alarm that was switched off, may be important evidence, though liability also requires proof of duty, causation and harm. We photograph and measure what was there at the time.
Supervision
Hotels, camps, schools, day cares, gyms and community pools may be responsible for lifeguards, staffing ratios and posted rules. Schedules and incident reports show whether anyone was watching.
Defective equipment
Drain covers, pool covers, ladders and diving boards can fail. Federal and California anti-entrapment rules apply to covered public pools, and a defective drain cover can add a manufacturer to the claim.
Children and trespass
California courts look at whether the owner acted reasonably, including the risk to children who may not recognize a danger, when a hazard that draws children is not secured. A child who wandered onto a property may still have a claim.
What can a pool accident claim recover?
- Emergency care, hospital stays, rehabilitation and long-term treatment
- Lifetime care when oxygen deprivation causes a brain injury
- Lost income and lost earning capacity
- Pain, suffering and loss of enjoyment of life
- Funeral costs and the family's loss in a wrongful death
What should I do after a pool accident?
- 1
Get medical care right away
Call 911 and have the injured person evaluated, even if they seem to recover. Breathing problems and brain injury from oxygen loss can show up after the first minutes.
- 2
Photograph the pool area
Take pictures of the fence, gate, latch, alarm, signs, drain, deck and water, with dates, before anything is repaired or changed.
- 3
Write down who was there
Get names and phone numbers of witnesses, lifeguards, staff and the property owner or manager.
- 4
Keep records
Save medical records, bills, the incident report and any messages with the owner, landlord or insurer.
- 5
Call us before you give a recorded statement
Insurers move quickly. We handle the communication and preserve evidence.
What does California law say about pool safety?
When a building permit is issued for pool or spa construction or remodeling at a private single family home, Health and Safety Code section 115922 generally requires at least two of seven listed drowning-prevention features, such as an enclosure, removable mesh fencing, a safety cover, door and window exit alarms, a self-closing and self-latching door device, a pool alarm or another independently verified protection, subject to the exceptions in section 115925, including qualifying spas with locking safety covers. Violating a safety rule can support a negligence claim, and older pools and public pools are judged under their own rules and under the general duty to keep property reasonably safe.
Most California injury claims must be filed within two years (Code of Civil Procedure section 335.1), and the clock for a minor can work differently. Claims against a city, school district or other public entity usually require written notice within six months. These deadlines are easy to miss, so call right away.
Frequently Asked Questions
How much does it cost to hire Lederer & Nojima?
Can I sue if a child got into the pool without permission?
Who can be liable for a pool accident?
What if the pool belongs to a city, school or park district?
What are the pool safety requirements in California?
Where is the Lederer & Nojima office?
Our office is at 12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025. Call (310) 312-1860 to schedule a free consultation, or see our Google Business Profile for directions and reviews.
Legal references
General information, not legal advice. Primary sources for the rules described on this page:
- Judicial Council of California: CACI civil jury instructions (PDF)
- California Health and Safety Code section 115922
- California Health and Safety Code section 115925
- California Government Code section 911.2
- medlineplus.gov: 000046.htm
- California Business and Professions Code section 6147
- California Health and Safety Code section 116064.2
- California Code of Civil Procedure section 335.1
Related Practice Areas
Lederer & Nojima, LLP
12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025
(310) 312-1860
Results may vary. Every case is unique. This page is general information, not legal advice.
Pool accident? Call Lederer & Nojima.
Former insurance defense attorneys. No fee unless we win.