How do swimming pool accidents happen?Swimming pool accidents can happen for numerous reasons. We have provided a list of some:
- Untrained or ineffective lifeguards
- No maintenance from property owners
- No ropes separating deep and shallow ends of the pool
- Lack of markings on the pool to indicate depths
- Broken floatation devices
- Defective slides
- Broken ladders and stairs
- Broken diving boards
- Slippery floors or ties
- Lack of maintenance by hotel or motel
- Traumatic brain injuries
- Broken bones
- Nerve damage
- Internal damages
- Closed head injuries
- Brain damage
What should I do to file a swimming pool accident lawsuit?If you wish to file a swimming pool accident lawsuit, it is important that you have enough evidence to do so. Many victims forget to gather necessary and crucial evidence, and their claims suffer for it.
Learn more about your options for compensation by calling (213) 389-3765.The very first step that you should take involves going to the doctor, though. Your health is the priority, and if you wait too long to go to the doctor, your injuries could worsen. Additionally, your claim may be ignored because of the gap – the insurance agent can claim that you were hurt in another separate incident than the one you are trying to receive compensation for. After getting the help you need, make sure to hold on to doctor’s notes, receipts, prescriptions, and anything else proving that you to help. It will also be important that you have photographs of your injuries or damages and that you took pictures of the scene of the accident, the defects of the swimming pool, and more. You can potentially receive security camera footage if it’s available, such as in cases where the pool was at a hotel or a facility. You can then interview anyone who saw the incident happen or who was also hurt by a defect present in the pool. These bystander testimonies will be very beneficial to your case. You should file an incident report with the facility if the incident happened at a company or similar location. Lastly, it is highly recommended that you hire a skilled swimming pool accident attorney to handle your case. We will ensure that you are given them maximum compensation for your damages. Swimming pool accidents are a form of premises liability law. To file a premises liability claim, you must show that the property owner failed to maintain the property, knew about the hazard but did nothing to fix it, caused the issue, or should’ve known about the defect but was unaware of it. Don’t try to work through a premises liability claim or swimming pool accident case by yourself. Seek out the assistance of an expert attorney.
What is the average value of a swimming pool accident claim?Swimming pool accident lawsuits can be worth a fair amount of money depending on the nature of the injuries, the extent of the damages, the impact they had on lives and careers, the responsibility or accountability of the victim, and more. The value of a claim will fluctuate depending on many factors, and the insurance agent will make the offer. Below are some examples of other swimming pool accident lawsuits for you to understand how much these claims can be worth:
- $850,000 Settlement: A family was out at a local motel for a short stay. The family’s nine-year-old daughter was later found unresponsive at the deep end of the pool after unsuccessfully swimming. The family attempted to resuscitate her, but were unable to. The family sued due to the motel’s liability and negligence. There was no rope or marker dividing the two ends of the pool, and there were excessive floatation devices and materials on the surface that prevented her from resurfacing once she dove in. The case was settled prior to trial.
- $750,000 Settlement: While on a school trip, a volleyball team was subjected to tragedy. An eleven-year-old boy who was on the team was found unconscious at the bottom of the pool. The team was at a private club to have a party. Although he was immediately removed from the pool and was attempted to be saved, it was in vain. The family of the boy sued the club, stating that the club did not provide a safe environment. There were no lifeguards nor markings on the pool. Ultimately, the case was settled.
- $2,000,000 Settlement: A young boy who could not swim was participating in a gym class, which taught the fundamentals of swimming. He was required to practice in the deep end and was not monitored closely. A full class period passed by before the boy was found discovered at the bottom of the pool, drowned. The family of the boy sued the school for not having a lifeguard, not assessing the student beforehand, not paying attention to the student during class, and more. The school admitted to liability and reached a settlement out of court.
What kind of compensation can I win in a swimming pool accident lawsuit?It is possible for you to secure numerous kinds of compensation if you sue a party because of a swimming pool accident. The different damages can cover the various debts and expenses that racked up in the aftermath of the incident, and you should not be made to pay off these bills if you were not responsible for the occurrence in the first place. We will see to it that you are given the following forms of restitution:
- Coverage for medical procedures from the past and future, including surgery fees, hospital stay costs, medication deductibles, physical therapy sessions, and more
- Replacement or reimbursement of lost items, broken property, damaged goods and belongings, and more
- Reimbursement for lost income from the past and future if you were unable to go to work due to your injuries, recovery time, medical treatment, and more
- Pain and suffering damages to cover PTSD, anxiety, fear, mental scarring, emotional anguish, and more
- Wrongful death damages if a loved one or family member passed away in the incident, which could result in funeral and burial costs, pre-death medical bills and pain and suffering, loss of consortium, loss of relations, loss of expecting savings and income loss of inheritance, and more
- Punitive damages, which are additional types of monetary compensation that are handed out in times of gross negligence or when the opposing party deliberately harmed you; these damages are viewed as severe and harsh, though, so it is very difficult t win them without the assistance of a skilled lawyer with experience in swimming pool accident cases.