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Does a swimming accident involving a jet ski trigger admiralty jurisdiction?
It depends where the swimming accident occurred. For example, if the swimming accident has a connection with the jet ski that is on the navigable waters of the United States, ...
I was injured when a diving board broke while I was on it, who can be sued?
There are several potential parties you could sue: (1) The property owner, if poor maintenance of the diving board was the reason it broke. In order to recover damages against ...
What if a swimmer dives into a navigable waterway off the side of a boat and breaks his neck, does admiralty law apply?
It depends. If the accident occurred in California, then admiralty law probably wouldn't apply. The 9th Circuit Court of Appeals in 1993 ruled admiralty law didn't apply where a 15-year ...
My 14 year-old daughter was doing flips into a shallow pool, landed on her head and is now quadriplegic. Will the fact that she knew she should not have been doing flips affect our ability to recover money damages?
This is a complicated case and will be subject to debate with the insurance company. Even if the pool did have "No Diving" signs, or other informational warnings concerning the ...
Who should I contact if I want to make a claim to recover money damages for a swimming injury?
Contact an attorney who practices personal injury and accident law. Ask the attorney if the facts of the case trigger Admiralty jurisdiction. If he doesn't know the answer, ask him ...
My husband was severely brain damaged in a diving accident. If he dies, is our lawsuit against the diving board manufacturer over?
No, the lawsuit is not over, but your husband would no longer be able to be a “plaintiff”. When an injured party (the plaintiff) dies as the result of negligence, ...
Do posted warning signs (e.g., "no life guard on duty," "no diving,” “no running") protect the owner of a swimming pool from liability?
Swimming pool injury lawsuits are generally based on premises liability law. Posting a warning sign ostensibly places a degree of responsibility on the swimmer to look after his or her ...
My son did a sailor dive into the pool and broke his neck. Will the fact that he was intoxicated diminish his ability to recover damages in a lawsuit?
Probably yes. But that will ultimately depend on whether his drinking or doing a sailor dive (putting your hands to your side and going head first) contributed to his injuries. ...
How are money damages calculated?
In accident cases, money damages can include both "general damages" of the type that were reasonably foreseeable resulting from wrongful conduct, such as pain and suffering in a personal injury ...
Who is legally responsible (liable) for injuries that occur in or around swimming pools or spas?
It really depends on the nature of the accident itself. Liability in swimming pool and spa accidents can be very complex. There are three main legal theories involved - negligence, ...
My husband nearly drowned in a health club pool, which resulted in serious brain injuries. Is the health club legally responsible for the lifeguard's failure to follow proper rescue and CPR procedures at the time of the accident?
The employer of the lifeguard - in this case, your club - may be responsible for your husband’s injuries based on a couple of different legal theories: Vicarious Liability. ...
Can I be held liable for trespassers who climb my fence to use my pool?
It is possible in some states for you to be held responsible for the personal injury suffered by a trespasser who climbs your fence and uses your pool – even ...
My child was injured while swimming at a public beach where there was no life guard on duty. Who can we sue to help us pay for our child’s medical expenses?
Your own health insurance may be your only option. In general, the municipality would have a duty to keep its public beach safe for swimming. But, there are inherent dangers ...
Can I be held liable if someone who drowns in my pool was drunk?
Yes, if you knew the person was intoxicated. In determining your liability the court will consider the applied safety precautions and the inebriated state of the deceased. You may also ...
Are there any money damages that are unique to swimming accident lawsuits?
According to the Centers for Disease Control, in 2001, 859 children ages 1 to 14 years died from drowning, and drowning is the second-leading cause of injury-related death for children ...
My pool or spa is not enclosed by a fence or wall, do I risk being held liable for a swimming pool injury?
There is a high likelihood that the pool owner will be held liable for any swimming accidents. Water and people—including children, trespassers, and animals—are a magnet, and add booze, a ...
My 14-year-old child was injured in a pool accident when she dove into a pool seven years ago. Is it too late for me to sue?
Every state sets a time limit within which you must file your lawsuit or lose the chance to do so all together. These time limits are set by law, and ...
If a pool at a hotel or health club has no lifeguard on duty, is the owner liable for swimming accidents?
Tough call. It is likely that the hotel, motel, health spa, or tennis club posted notices reading "No lifeguard is on duty" and "Swim at your own risk." The court ...
If we win my child’s swimming accident lawsuit, who receives the money, us or our injured child?
Who receives the settlement money depends on the laws of your state. In many states, in order for a minor (anyone under the age of eighteen (18) years) to ...
Can the driver of a boat who acts in an irresponsible, unsafe manner be held liable for causing a boat accident?
This depends on the law in your state. In assigning blame to the driver, the court or jury will consider a number of questions: What caused the accident—the reckless driving ...
Our 5-year old son nearly drowned when he wandered into a neighbor’s hot tub with no safety features. Can we sue them to compensate us for his injuries?
You will probably be able to file a "premises liability" claim against your neighbors on behalf of your son. You will need to show that the neighbors were negligent, ...
I own a lake. Am I liable if someone is injured or drowns?
Not unless you know of some danger that is not obvious from the surface, such as the lake is the burial ground for abandoned cars or there is an existing ...
While at a party, we were sure our host’s teenage daughter was watching our toddler when she drowned in their pool. Who can we sue?
You can probably sue the homeowners if they represented to you that their daughter would be watching your child. A similar suit was filed against former Mötley Crüe drummer Tommy ...
Is a homeowner responsible for swimming accidents that occur on his or her private property?
Could be. A swimming pool is a great bonus for a home, but it also creates a potentially inviting and dangerous situation—an "attractive nuisances" in legal jargon -- both for ...
My child nearly drowned when her foot was trapped in a pool drain at the neighbors’ house. Is there anyone else, besides our neighbors, we could sue to help us pay for our daughter’s trauma and medical expenses?
You may be able to file a lawsuit against the manufacturer, distributor or seller of the pool drain. Many pool drains are defective because they create a suction so strong ...
Does a swimming accident trigger admiralty law jurisdiction?
Admiralty law jurisdiction is triggered depending on where the accident takes place, navigable or non-navigable waters, and whether the swimmer was on or near a boat at the time. If ...
I was injured during a work-sponsored swimming party. Who can I sue?
You may be able to recover damages based on a lawsuit against your employer, a lawsuit against the owner of the pool where the party was held, or perhaps a ...
Does a swimming pool accident trigger admiralty law?
No. Swimming pool accidents like drowning and head and/or spinal cord injuries from diving into the pool do not trigger admiralty maritime law jurisdiction. ...
Do I have any claims against the pool’s owners from slipping in a large puddle of water by the side of the pool?
Due to the high risk of slip and fall accidents in slippery areas surrounding a swimming pool, owners must take reasonable care to provide non-slip surfaces and to take other ...
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