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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 lawsuit against some other party. The following are potential parties to sue:
Lawsuit against your employer:
Whether you will be able to collect workers’ compensation for your injuries will depend on the workers’ compensation law in the state in which you live. (If for some reason your injury is not covered under workers' compensation, and you can show that your employer's negligence caused your injuries - for example, if your employer provided and encouraged the use of flotation devices that were somehow dangerous, or they provided untrained lifeguards or swimming instructors - you may be able to file a personal injury lawsuit against your employer just as you could if someone else was responsible.) Most likely, a combination of factors will be taken into consideration in determining whether you are eligible for benefits:
•The degree to which attendance at the swimming event was mandatory
•The benefit - tangible or intangible- received by your employer from the party
•The time of day the party took place
•The location of the party in relation to your place of employment.
For example, your chances of collecting workers’ compensation would be greater if your employer made the party a mandatory event to boost the moral of its workers and it took place during work hours at the company pool. If instead, it was held at another employee’s house on the weekend and you could attend with friends and family, your chances of collecting benefits would be slim.
If it is determined that you are eligible for workers’ compensation benefits, and you are unable to work because of your injuries, you have the right to compensation until your injuries allow you to return to work. Normally, you will receive two-thirds of the wage you earned when you became disabled.
For any permanent disability caused by your accident or disease you also have the right to receive compensation from your employer. Different types of permanent disability are compensated in different ways under workers’ compensation. A disability that permanently prevents you from returning to the kind of work you have done in the past, or forces you to take a lower-paying job, may entitle you to weekly compensation equal to a percentage of the difference between your present pay and the pay you would have been able to earn in your former occupation.
Lawsuit against the pool owner:
Premises Liability: Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. In this case, the pool’s owner must take reasonable precautions to make sure that his swimming pool is safe for users. The courts would weigh his or her precautions (such as a fence, gate, signage, alarms, lack of supervision, maintenance records) in determining the issue of liability. The courts would also look to see if you were careless or inattentive.
Lawsuit against some other third party:
Product Liability: If there was an actual problem with the swimming pool, or the equipment attached to the swimming pool, you might file a product liability lawsuit against the swimming pool manufacturers, retailers, or distributors. For example, suppose the pool did not have a safe depth or that its shape was not to industry standards.
Negligence: If the equipment was improperly installed, you might have a cause of action in negligence against the installers. The owner of a swimming pool may also be found vicariously liable for the failures of its employees. For example, if a lifeguard’s negligence caused your injuries, the employer would have to pay your damages. If it was a case of negligent hiring or training, the cause of action would be directly against the employer.
If you're wondering whether or not you should file a lawsuit, ask an attorney for a free opinion or contact an experienced personal injury lawyer near you. |
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