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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 in swimming, and people who use beaches are expected to look after their own safety. Were there “No lifeguard on duty” or "Swim at your own risk" signs? If so, a court might reason that you or your child knew of the potential risks when swimming at that particular beach, but decided to do it anyway. The contribution of your child’s actions would be weighed against the precautions the municipality took to safeguard swimmers in the determination of liability.
If there was a known dangerous condition at the beach (a sudden drop off) that had caused past drownings and the municipality knew about it, you may argue that the city was negligent in not providing a lifeguard for the beach, or in keeping the beach open to the public.
As with any injury, obtaining an accurate police report can be a great help in proving the facts of your case. Police reports are often not admissible in civil lawsuits (lawsuits that do not involve crimes, e.g. a personal injury lawsuits); however, they provide a distinct advantage during settlement negotiations with the defense lawyers or insurance adjusters.
In this case, you could use a police report to show when the accident occurred, where it occurred and what the conditions were at the beach when your child was injured. Also, the responding officer may offer observations as to the cause of the accident and who was at fault. In your case, it may have been a dangerous condition in the water on that day – that information should be included in the police report. Another helpful aspect of a police report is that it should list any witnesses and contain their contact information. This will allow you (or your attorney) to contact the witnesses for evidence to prove your case.
If you wonder whether you have a good lawsuit, ask an attorney for a free opinion or contact an experienced personal injury attorney near you. |
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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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