Who to Sue in a Swimming Pool Lawsuit
UPDATED: June 19, 2018
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If you have been injured in a swimming pool accident, there are a variety of parties you can pursue for damages depending on the circumstances of the accident. After a swimming pool accident occurs, take note of all the factors that contributed to your injury and consult with an attorney to ensure you are taking legal action against the appropriate parties.
Lawsuit against the pool owner:
Pool’s owner must take reasonable precautions to make sure that his swimming pool is safe for users and protected from uninvited guests - particularly children - who could be harmed in the pool area while the owner is away. A pool owner's responsibility is significant, and the homeowner or business that manages the pool will likely be at least partially responsible for the injuries you suffer in a pool accident. Although posted warning signs could transfer liability to an injured victim, pool owners are rarely able to completely absolve themselves of responsibility for an injury occurring in or around the pool.
Lawsuit against your employer:
If you have been injured in a pool party at a work event, you may be able to collect workers compensation for your injuries. 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 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 a school or daycare:
If your child is injured in a pool accident while under the supervision of a school, a daycare, or other business / organization responsible for watching and caring for him or her, then you will likely be able to file a lawsuit against that party. Organizations that watch over children have a duty to care for your child and can be responsible for injuries that occur while your son or daughter is under the company or school's protection. Filing suit against a childcare facility will likely be complicated and involve work with insurance professionals and attorneys - hiring a personal injury lawyer to represent you will give you the best chance to receive the compensation you deserve.
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.