Drowning Accident Lawyer in Los Angeles

Who is liable for a drowning accident in California?

Depending on where it happened, responsibility can reach:

• The owner or management company of an apartment complex that left a pool without a complete fence, a self-closing and self-latching gate, depth markings, rescue equipment in view, a way to call for help or compliant drain covers.
• A hotel, gym or club that operated a pool with no one watching and the required safety features missing.
• A homeowner or host of a residential pool, under the rules the Swimming Pool Safety Act sets for residential pools.
• A public entity, if the pool belongs to a city, a county or a public school, under Government Code section 835. These claims carry the six month deadline.
• A manufacturer or installer, where a defective drain cover, gate hardware or pool equipment played a part.

The duty to maintain the fence and the self-latching gate belongs to the owner. It cannot be passed to tenants or solved with a sign, and a notice posted only in English in a building where most residents speak Spanish is part of the problem, not a defense. No one may evict or punish a tenant for reporting the pool or for bringing a claim: Civil Code section 1942.5 prohibits that retaliation.

How is a drowning accident claim proved?

The law requires concrete, checkable things at a complex pool: a complete fence with no gaps, a gate that closes and latches by itself, depth markings, rescue equipment in view, a way to call for help and anti-entrapment drain covers. When a child dies or is injured, usually one of those is missing, and very often the tenants had already reported it.

Proof therefore comes from what existed before the day of the accident:

• Notices the family or neighbors gave to management.
• Inspections by the County Department of Public Health.
• Correction orders that no one carried out.
• Photos of the broken gate or fence.
• The maintenance history of the pool.

The first thing the manager usually says is that the child was unsupervised. It is the usual defense and it does not close the case. California divides fault by percentage, so even if a jury finds some lapse by the family, that reduces the recovery and does not eliminate it. Under pure comparative fault the argument is also weakened by the fact that these rules exist precisely because supervision fails, and for very young children the law does not recognize negligence.

What compensation can you recover after a drowning accident?

• Medical expenses, past and future, including emergency care, hospitalization, rehabilitation and long term nursing or home care.
• Lifetime care costs and loss of future earning capacity where oxygen deprivation caused a brain injury.
• Pain, suffering and emotional distress, and the loss of enjoyment of life.
• Wrongful death damages for the family under Code of Civil Procedure section 377.60 when a drowning is fatal, including funeral and burial costs.
• Punitive damages under Civil Code section 3294 where a defendant acted with malice, oppression or fraud.

No value can be known before the medical picture is clear. It turns on the injury, the care still to come, the available insurance and the evidence of what safety rule was missing.

How long do you have to file a drowning accident claim in California?

• Two years from the date of injury to file a personal injury lawsuit, under Code of Civil Procedure section 335.1.
• Six months to present a written claim against a public entity, such as a city, county or public school pool, under Government Code section 911.2. This shorter deadline governs.
• A child’s own claim is held open until they turn 18.

Under Los Angeles Superior Court Local Rule 2.3(a)(1)(A), a case is filed in the judicial district where the incident arose, which the Court’s filing locator identifies.

How much does a drowning accident lawyer cost?

No fee unless there is a recovery. Broukhim Legal PC takes these cases on a contingency fee, so there is nothing to pay up front and the fee is paid out of what is recovered. If nothing is recovered, no fee is owed. The fee agreement is put in writing and signed before any work starts, as California law requires (Business and Professions Code section 6147), and the costs of running the case are explained in that same agreement rather than left to the end. Your first conversation is free, confidential and carries no obligation.

Personal injury lawyers across Los Angeles County

Broukhim Legal PC represents injured people throughout Los Angeles County from its office at 550 S Hill Street in downtown Los Angeles. Each city page covers the courthouse an incident in that city is filed in, how a claim against that city is presented and the deadlines that apply:

See all locations we serve, or tell us what happened for a free case review.

Meet your Los Angeles drowning accident lawyer

Bejan Broukhim, Founder and Lead Attorney
State Bar of California, license number 183036

Bejan Broukhim brings years of California legal experience to injury and mass tort cases and personally reviews each one. He earned his J.D. at the University of West Los Angeles School of Law, served as a judicial extern in the U.S. Bankruptcy Court and the Van Nuys Superior Court, and appeared in preliminary hearings as a certified law clerk with the Los Angeles County District Attorney’s Office. Every case is prepared from day one as though it will go to trial.

Office: 550 S Hill Street, Suite 1390, Los Angeles, CA 90013, serving all of Los Angeles County and California. Get directions