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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.

4.5 ★ Google Rating  ·  No Fee Unless We Win  ·  Available 24/7

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. California's Swimming Pool Safety Act requires new or remodeled private residential pools to have at least two of seven drowning-prevention features (Health and Safety Code section 115922), and the attractive nuisance rule can apply when a child is hurt by a hazard the owner should have secured. 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.

The injuries are severe. 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 been under water should be evaluated by a doctor 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.

01

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.

02

No Fee Unless We Win

You pay no upfront fee. Our fee comes from the recovery, and if we do not win, you owe us nothing.

03

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, can be the entire case. 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 state safety rules apply to drain covers, and a defective product can add a manufacturer to the claim.

Children and trespass

California courts apply the attractive nuisance rule when a hazard that draws children is not reasonably 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. 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. 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. 3

    Write down who was there

    Get names and phone numbers of witnesses, lifeguards, staff and the property owner or manager.

  4. 4

    Keep records

    Save medical records, bills, the incident report and any messages with the owner, landlord or insurer.

  5. 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?

The Swimming Pool Safety Act (Health and Safety Code section 115920 and following) requires new private residential pools and spas, and those that are remodeled with a permit, to have at least two of seven drowning-prevention features, such as an enclosure, a removable mesh fence, a safety cover, door alarms, self-closing and self-latching doors, a pool alarm or another approved feature (section 115922). Violating a safety rule is evidence in 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?
Nothing upfront. We work on contingency, so our fee comes from the recovery. If we do not win, you owe us no attorney fee.
Can I sue if a child got into the pool without permission?
Possibly. California applies the attractive nuisance rule to hazards that attract children, and a property owner can be liable if reasonable precautions were not taken. Each case turns on the facts, so we review them.
Who can be liable for a pool accident?
Property owners, landlords, apartment managers, homeowners associations, hotels, schools, camps, gyms, pool maintenance companies and equipment makers can all be responsible, depending on who controlled the pool.
What if the pool belongs to a city, school or park district?
Claims against public entities usually require a written claim within six months of the injury. Missing that deadline can end the case, so call as soon as you can.
What are the pool safety requirements in California?
New private residential pools and spas, and those remodeled with a permit, must have at least two of seven drowning-prevention features under Health and Safety Code section 115922. Public and commercial pools follow other health and safety rules.

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.

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.