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. If what the lifeguard did or failed to do was negligent, then the employer may be liable for your husband’s injuries. Vicarious liability is legal jargon that means someone other than the person who actually caused the injury is legally responsible for the injury. You could try suing the lifeguard directly, but he or she probably does not have enough money to sufficiently compensate you for your injuries.
Negligence. The club could also be found directly responsible for negligent hiring and/or training if the lifeguard’s lack of qualifications and/or training was the reason your husband suffered his injury. Or, there may be some other grounds to bring a lawsuit against the club for its direct negligence.
An experienced personal injury lawyer will be able to determine which theory (maybe both) will make the strongest case. Keep in mind that some states have statutes of limitations as short as one year from the date of the injury. That means you may only have one year to bring a lawsuit.
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