Injuries from entering pools and other bodies of water are relatively common, but many are due to traumas, slip and falls, and defective equipment. One of the types of problems that is rarely discussed is that of illnesses that are contracted from the water. Water illnesses arise from the bacteria that is in the water, which can be present even through chemical cleaning. If you or your child suffered injuries from a water illness and you were sick, you should pursue legal action. It is highly advised that you seek out an expert attorney with experience in water illness lawsuits to help you with your claim. Our law firm, the Downtown LA Law Group, has litigated numerous cases over the years wherein individuals suffered water illnesses. We can ensure that you are properly compensated for your damages.
What are water illnesses?
Water-borne illnesses arise from bacteria in the water. The bacteria can come from anywhere; for example, a rusty pipe that is present in the water system may consistently be a source of bacteria. Debris, garbage, and even clothing can transfer bacteria into the water.
A common bacteria found in the water is cryptosporidium. Cryptosporidium causes various troubles with the body, mostly characterized by gastrointestinal issues and diarrhea. Cryptosporidiosis may resolve on its own, but there are some scenarios in which it will persist and require medical treatment. It is most severe in individuals who have weak immune systems, as the virus will not easily recede.
There is also the chance that you will suffer from Legionnarie’s disease, which is essentially a different form of pneumonia. The symptoms include aches, cough, fever, chills, gastrointestinal problems, neurological issues, and low heart rate, among many others. Antibiotics can be used to treat the disease.
It is common for these illnesses to occur if there is untreated water taken and used in a pool with no filtration, but even still, some of the cleaning products will not work. Chlorine, the most widely used substance to clean pools and water, does not kill cryptosporidium, for example.
Water illnesses can impact numerous individuals. The water is shared by various swimmers, and an outbreak can quickly occur.
Who is responsible for a water illness?<>If you were at a pool of some kind and the company did not properly clean the facility, drain the water, apply enough chlorine, or used untreated water from another source or reservoir, you copuld hold the facility liable. The requirements for filing a liability claim, or a personal injury lawsuit, are as follows:
- You must have been owed a duty of care by the responsible party
- The duty of care must have been breached in some way
- The breach of duty must have led to an incident
Because the owner or operator of the pool did not do his due diligence in providing you and other swimmers with clean water, he can be held responsible. This may also fall under a premises liability lawsuit, which can be filed if the property owner knew about the issue, caused the issue, or was unaware of the issue but reasonably should have known about it. You can speak with a water illness lawyer to determine what is the best course of legal action for you.
How can I sue for a water illness?
If you wish to sue for a water illness, you must have evidence and proof on your side. This evidence can be gathered from the time you go to the pool, but it is not likely that you will need to do so, considering that most symptoms of water illnesses do not show up until well after you have left and gone home. You may be able to return to the pool to collect samples of the water, but there is no telling if the operator would have drained the water or treated it in the meantime. What is important, though, is that you do not inform the operator of your intentions to collect evidence – he may act quickly to fix everything before you can get any proof, thus nullifying your claim.
You will need to go to the doctor, though, to get treatment. This treatment should not be sought too long after you feel sick. You should go to the doctor at once to ensure that your health is not compromised. Further, the longer you wait to go to the doctor, the more suspicious it will look to the insurance agent. He will debate whether you actually got the illness from the pool or if you contracted it elsewhere and you merely want to blame it on the pool. After you have gone to the doctor, you should hold on to the notes, treatment details, prescriptions, antibiotic information, receipts, and more.
You will benefit greatly if you get eyewitness and bystander testimonies and statements saying that you were at the pool and then suffered an illness, but you will also benefit if you find other people who suffered the illness. They can also attest to being in the pool that day and subsequently getting sick. You may even be able to file a class action lawsuit against the facility owner, in which all of your evidence can be put forward in an attempt to collect a settlement.
If you were at a pool, you can file an incident report to alert them to the presence of the bacteria. You should keep a receipt of this report, but be sure not to do it too early. Upon getting your evidence together, you can call a lawyer with experience in water illness lawsuits. You should not try to handle this kind of complicated claim by yourself; if you do, you may stall and not be able to negotiate a deal. We know aquatic law and personal injury law better than anyone around, and our attorneys will fight around the clock to win your case. We will hire expert witnesses and gather the evidence that you were unable to acquire. You should recover from your illness and focus on returning to your daily life.
What is the deadline to sue for a water illness injury?
California has a 2-year statute of limitations on suing for water illnesses and other injuries. If you do not sue within this time period, you will not be able to do so in the future, and you will not have any way to collect compensation for your damages. It is important that you act quickly so that your evidence does not get lost or corrupted.
There are a few ways in which your statute f limitations can be extended beyond the 2 year limit. This can happen if you were underage at the time of the incident, which would allow the statute to be postponed until you turn 18 years old. Further, those who were left physically incapacitated in the wake of the incident do not have to adhere to the statute until they return to functioning health. Additionally, the defendant must be present in the state if you wish to sue him – if he is not, the statute is on hold until he comes back.
You should ensure that your case is handled on time with the help of an attorney. Too often, victims fail to recognize the statute of limitations and it ends up expiring before they realize they should sue.
What can I win in a lawsuit against a pool facility for a water illness?
You may be able to secure various forms of compensation from the pool facility if you were afflicted with a water illness after swimming. We will fight to earn you the maximum coverage available. You can potentially receive:
- Coverage of medical expenses from the past and future
- Reimbursement of lost income from the past and future
- Payment for lost or damaged property
- Compensation for pain and suffering damages
It is our goal to ensure that you receive the maximum settlement under the law. Our lawyers are experts in water illness lawsuits and we will stop at nothing to win your case for you.
A Trusted Firm
The Downtown LA Law Group is the prime law firm to go to if you were afflicted with a water illness in a pool. We know the ins and outs of the law and will always fight for your rights. Our lawyers are aggressive and we have no qualms about going to court to defend your case. We have recovered hundreds of millions of dollars for our clients, and the numbers continue to rise.
Call today for a free legal consultation to discuss your claim. We will answer all of your questions and tell you more about our zero fee guarantee – we don’t get paid unless and until we win. You will not touch your own private savings, either.
If you suffered a water illness, call the Downtown LA Law Group today for assistance and legal representation.