|
|
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. |
|
|
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?
|
|
|
|
|
|
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us