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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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Can I be held liable for trespassers who climb my fence to use my pool?
Can I be held liable if someone who drowns in my pool was drunk?
My pool or spa is not enclosed by a fence or wall, do I risk being held liable for a swimming pool injury?
If a pool at a hotel or health club has no lifeguard on duty, is the owner liable for swimming accidents?
Can the driver of a boat who acts in an irresponsible, unsafe manner be held liable for causing a boat accident?
I own a lake. Am I liable if someone is injured or drowns?
Is a homeowner responsible for swimming accidents that occur on his or her private property?
Does a swimming accident trigger admiralty law jurisdiction?
Does a swimming pool accident trigger admiralty law?
Does a swimming accident involving a jet ski trigger admiralty jurisdiction?
What if a swimmer dives into a navigable waterway off the side of a boat and breaks his neck, does admiralty law apply?
Who should I contact if I want to make a claim to recover money damages for a swimming injury?
Do posted warning signs (e.g., "no life guard on duty," "no diving,” “no running") protect the owner of a swimming pool from liability?
How are money damages calculated?
Who is legally responsible (liable) for injuries that occur in or around swimming pools or spas?
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?
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?
Are there any money damages that are unique to swimming accident lawsuits?
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?
If we win my child’s swimming accident lawsuit, who receives the money, us or our injured child?
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?
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?
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?
I was injured during a work-sponsored swimming party. Who can I sue?
Do I have any claims against the pool’s owners from slipping in a large puddle of water by the side of the pool?
I was injured when a diving board broke while I was on it, who can be sued?
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?
My husband was severely brain damaged in a diving accident. If he dies, is our lawsuit against the diving board manufacturer over?
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?
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