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GROUNDS FOR FILING A PHOENIX SWIMMING POOL ACCIDENT LAWSUIT

May 3, 2018

Along with all the fun days at the pool, picnics and trips to the park, each summer comes with a host of preventable tragedies as well.

The Arizona premises liability lawyers at Wattel & York urge everyone to stay safe this summer, especially at the pool where injuries are common to occur. When accidents do happen, it’s also important to know your legal rights.

SWIMMING POOL ACCIDENT STATISTICS

According to the CDC, 10 people die from unintentional drowning every day – with two of the 10 under 14 years of age. Among those ages 1-14, accidental drowning is the second leading cause of unintentional injury death in the United States, next to motor vehicle crashes.

Causes of accidents include:

  • Lack of appropriate barriers:A four-sided barrier fence reduces drowning risk by 83%, compared to a three-sided fence.
    • Lack of appropriate supervision: Of drowning victims ages 4 and under, 70% are in the care of at least one parent at the time, and 75% are “missing” from sight for less than five minutes.
    • Premises liability: About 5% of wrongful death claims can be traced back to premises liability, where the property owner failed to exercise reasonable care in maintaining a safe environment.

WHEN TO FILE A LAWSUIT

After a terrible accident, those close to the victims typically replay the events over in their mind many times trying to determine what could have been done differently to prevent the incident from ever occurring. Nothing is worse than knowing a tragedy could have been prevented.

Sometimes investigators find property owners liable for injuries. Filing a lawsuit can never bring back a loved one or undo the injuries that have occurred, families and victims may be entitled to compensation if negligence was a factor in the accident.

In the case of swimming pool accidents specifically, Wattel & York point out some of the hallmarks of a strong claim:

  • Non-slip surfaces are not provided and guests are not warned of possible unsafe conditions.
  • There is lack of security around the pool, including fences, gates or lifeguards.
  • A designated caregiver was not watching the children at the time of the accident.
  • Faulty or poorly-maintained equipment contributed to the accident.
  • The pool did not meet state and local codes for safety standards.
  • Pool depth was not clearly marked.
  • Safety information was not posted.
  • The pool was open at night, but poorly lit.

WHAT TO DO FOLLOWING A SWIMMING POOL INJURY IN AZ

When an accident occurs, the first concern should always be getting prompt medical care for the injured person. Avoid heated arguments and finger-pointing occur at the scene. Before giving a statement to insurance companies, victims might consider seeking legal advice. At Wattel & York, consulting an attorney is free of charge and ensures that your rights are not infringed upon. Generally speaking, you have up to two years from the time of the incident to file a swimming pool accident lawsuit in Phoenix.

As the medical bills begin to come in and doctors offer their assessments of the injuries sustained, it’s important to keep an organized record of all that has happened. We can assist you in the process of gathering evidence and testimony, work with insurance companies and third parties on your behalf, and seek the compensation you deserve through the court system.

Our attorneys have served Tucson, Glendale, Phoenix AZ and the surrounding area for over 45 years. Call 1-877-333-9545 for a free case evaluation.

CDC – Unintentional Drowning: Get the Facts http://www.cdc.gov/HomeandRecreationalSafety/Water-Safety/waterinjuries-factsheet.html

LawyerShop.com – Premises Liability http://www.lawyershop.com/practice-areas/phoenix/premises-liability

 

Find more like this: Personal Injury , Arizona accident lawyers, personal injury lawyer, slip and fall, swimming pool accident

Online Reviews

“Amazing people, they had my claim for about a week before they were able to get my truck totaled out. Otherwise I would have been stuck with a truck that had heavy front end damage if they hadn’t stepped in to help me. I tried to deal with my insurance company myself for over a month and that got me nowhere, all I got was a massive headache and a messed up truck. They are very professional and act quickly on your claim. I highly recommend them to anyone who is looking for help.”

Candy J.

2/9/2020

“I was in an accident and decided to call Wattel and York. After months of going to a Chiropractor, I finally felt better. When it came time for settlement, the insurance company was making an offer I wanted to accept, Mr. Wattel advised against it and felt the insurance company was shortchanging me. He recommended I file a lawsuit and that will get them to cave. Well, Dave filed suit, and sure enough, the insurance company increased their offer by $4,000! I am very satisfied with how my case was handled.”

Nardeasha S.

20/20/2020

“Wattel & York were flat out outstanding with my personal injury case. They made the process painless and kept in constant communication throughout the entire time. Any questions I might’ve had were promptly answered and detail oriented. They gave me crucial advice that I would’ve otherwise not been aware of. I couldn’t have asked for more from them. Put your trust in these guys, you won’t be disappointed. Thanks Wattel & York.”

Mattew P.

13/9/2020

“Thank you so much for all your hard work on our behalf! Thinking I could handle it on my own, I was originally reluctant to take my accident claim to an attorney. But I am SO glad I called you instead. Your people were always helpful, pleasant and responsive at every step along the way. You represented us with honesty and integrity and made a traumatic experience as painless as it could be. And best of all, you helped us get a settlement that was fair and far more than I could ever have negotiated on my own! I highly recommend Wattel &York to anyone who has suffered a personal injury.”

Cathy M.

“I was the passenger in a vehicle that was 'T- Boned' at an intersection in 2014. The issues of responsibility and recovery became a difficult and convoluted confusion. I really needed help. This Team at Wattel and York walked me patiently and encouragingly through difficult months, sorting through issues and finally arriving at a satisfactory conclusion. I especially want to name two great and encouraging "warriors" of Wattel and York who directed me along the way..Brian Torba and Melissa Patterson..to them and the whole team I say "Thank You" with heart felt gratitude. Sincerely, God Bless You.”

Robert G.

“Honesty. Integrity. Transparency. Partnership. Wattel & York brought all of these qualities and more to my accident case. I'd love to thank all of the team members who helped me with the process: David Guzman, who conducted the initial interview in my home, Aly Shomar-Esparza, who seamlessly guided me through paperwork and filings, Debbie Harrach, who conducted final review, paperwork revisions and scheduling, and Thomas Grisoni, who counseled me before and attended my deposition. I never felt alone during the arduous process and always knew there was a professional team looking out for my best interest. I highly recommend Wattel & York if you are unfortunately involved in an accident that was not your fault.”

Russ W.

“I was a passenger in a car that got t-boned a few years ago and got a huge gash. I didn't know a lot about lawyers, so I basically just picked one on the flip of a coin. I called Wattel and York and they explained everything, I went into the office and filled out paperwork. Got treatment on my gash over the time I worked with them, glad I did as it opened back up a couple times and bled. They did really good, got me the maximum amount of money, and made sure I was well taken care of. I was updated from time to time so that was good. The only thing I might change is I never got to thank or talk to my lawyer. I think it was because I was already used to dealing with the lady at their Glendale office so they just kept her as my point of contact. So it's okay, I'll thank them with a good review. The last thing I could say about them is months after I thought my case was over they called me and said they had another check for me for a few hundred dollars. Apparently, they negotiated with the hospital I went to after the accident. It was a nice surprise and shows they really had my interests in mind.”

Trent B.

“Wattel & York has been great for me in the past few years. I was involved in a really bad accident while I was on Active Duty in Yuma, Arizona and they have been patient with me every step of the way through a very long process. I would recommend them to anyone thank you for all your help.”

Levy G.

“Appreciate David taking the time to speak with me. He was most kind. From the front line with the receptionist, to him, the firm was a class act all the way around.”

Claire B.

“Dave Wattel represented me and my son on a Personal Injury case from a motor vehicle accident back in 2009. Jake P. handled my deposition and Dave did the Quarterbacking. The insurance company hired NFL referee Ed Hochuli's firm to try and deny our claim. But Wattel & York made it look as easy as Tom Brady on the football field. The result was more than acceptable and my son and I were compensated for our injuries and rehabilitation. Dave Wattel cares about his clients. If I ever find myself in a situation like this again, Wattel & York will be on speed dial!!”

Vince C.

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