Learn more about your options for compensation by calling (213) 389-3765.
Understanding Lifeguard NegligenceAs briefly mentioned above, lifeguards have a duty of care to keep all swimmers safe. Because of this duty of care, lifeguards must remain vigilant and alert, always observing those in the water, to ensure that they can quickly respond if anyone needs help. Lifeguards also have the duty to follow the appropriate procedures (for example, perform CPR) when necessary. When lifeguards breach their duty of care, by being distracted, taking too long to respond to an emergency, or even failing to perform CPR, for example, they are putting swimmers at risk of suffering harm. When a breached duty of care directly results in harm, the harm will be associated with negligence. Whenever an innocent party suffers harm as a result of the negligence of a lifeguard, the lifeguard could be held liable
The Harm Associated with Lifeguard NegligenceThere is very specific type of harm associated with lifeguard negligence. For example, the most obvious harm associated with lifeguard negligence is drowning. The longer it takes for a lifeguard to tend to the swimmer and perform CPR, the greater the likelihood that the swimmer will lose his or her life due to drowning. Near-drowning could also occur. Near-drowning is usually associated with many different injuries, which could include hypothermia, pneumonia, brain edema, as well as acute respiratory distress syndrome, for instance. Regardless of the specific harm that victims suffer, victims and their families might have grounds to take legal action.
Can I Sue?Do you have the right to sue? Whenever victims suffer any sort of harm as a direct result of the negligent actions of another party, it is possible to pursue claims. Your right to sue is based on the fact that a breached duty of care caused the harm that you (or a member of your family) suffered. Although it can sometimes be difficult to understand whether you have the right to sue for the harm suffered, you should never assume that you do not have the right to sue. Instead of making assumptions regarding the right to sue, it is essential that you seek the appropriate legal assistance as soon as possible.
Who is Liable for the Incident?As explained above, the negligence of lifeguards can contribute to the harm that innocent swimmers suffer. Therefore, lifeguards could be liable. However, liability might be transferred to other parties or entities under some circumstances. What does this mean? In certain beaches, lifeguards are part of the police department or fire department. In some pools, for example, lifeguards are hired through private companies. Based on the specific details of the incident, the lifeguard’s employer, be it a fire/police department or a private company, could be liable for any harm suffered. For more information, do not hesitate to contact our experts today.
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Could I Recover Compensation?Are you eligible to recover compensation for the harm that you suffered as a direct result of lifeguard negligence? If there is the appropriate evidence to support your claim, your claim could reach a successful outcome – meaning that you could recover the compensation the compensation that you deserve. How much compensation could you receive? What type of compensation could you receive? The specific amount of compensation that you could recover will always depend on the details of your claim. However, the type of compensation that you could receive could include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
What is the Statute of Limitations that Applies to My Claim?All claims are subject to a statute of limitations, which is essentially a deadline that determines the time that claimants have to sue. When claimants fail to file their claims within the appropriate statute of limitations, they could lose their right to sue and their right to recover any compensation. In general, injury claims and wrongful death claims are subject to a two-year statute of limitations. However, claims against lifeguards are sometimes subject to different deadlines – only if the lifeguards are part of a city agency (such as a police or fire department). To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, it is essential that you seek legal assistance immediately. Our lawyers are ready to evaluate your claim and help you gain a better understanding of the applicable deadline. For more information, do not hesitate to contact us today.
Get started today by calling (213) 389-3765.