4 Ways to Navigate a Swimming Pool Injury Lawsuit
A fun, sunny day at the pool can turn dark quickly. Whether you are enjoying the swimming pool at a family member or friend’s residence or in the community, incidents such as slips and falls, near-drownings, negligent supervision, and lack of warning signs have resulted in victims filing personal injury lawsuits. Although the last thing you may want to do is sue the homeowner or facility where the swimming pool is located, your injuries may lead to needing ongoing medical attention and lost wages due to the inability to work.
If you have sustained injuries involved a swimming pool and need compensation to cover them, you should consider a lawsuit against the responsible parties and one of the first steps should be hiring an attorney experienced in such situations. Below are ways a personal injury lawyer can assist you if you have been injured in a swimming pool.
1. Apply the law
Liability and responsibility to keep private swimming pools safe and free of hazards that could potentially cause injury resides with the homeowner. In regards to public pools, the Occupier’s Liability Act in Ontario specifies that it is the responsibility of the “occupier”, or owner, of the property to guarantee that anyone that attends the premises are reasonably safe. This is not restricted to just the swimming pool itself but any activities around the pool as well. An attorney skilled in lawsuits involving swimming pool cases can review the information in your case. They can then apply their knowledge of laws such as the Occupier’s Liability Act to the circumstances to determine whether your case merits filing a lawsuit.
2. Communicate with insurance companies
Swimming pool injuries are covered under a homeowner’s insurance policy or by the owner of a public pool’s general liability policy. Insurance companies will often challenge plaintiffs in an effort to get them to drop the lawsuit, refuse to make settlement offers, or make offers that come nowhere near being able to cover damages from injuries sustained. Attorneys experienced in swimming pool injuries can advocate on your behalf and ensure that your rights and interests are protected when communicating with insurance companies. In the event a settlement offer is made, an attorney can assist in quantifying the compensation that you need and decide on whether you should accept, reject, or counter-offer based on this figure.
Like most people, you do not have the funds and resources to pursue a personal injury lawsuit on your own. This is where hiring an attorney can be beneficial. Attorneys will often work on a contingency basis, meaning they will cover all fees that will help your case and do not get paid until the case is settled. This is crucial as experts and investigators will be essential in proving your lawsuit. For example, your attorney will be experienced in swimming pool injuries and will probably know an investigator who can look into circumstances such as the condition and layout of the pool you were injured in, gather evidence, and locate potential witnesses to provide affidavits and testimony if the case goes to trial.
In filing your swimming pool injury lawsuit, your goals are to be compensated for your injuries sustained and hold the liable party accountable. Although you have already been injured, you probably also do not want to see anyone else get hurt at the same swimming pool you attended. After your attorney initiates an investigation into the condition of the swimming pool, they will get information back and this can be used to initiate positive changes at the pool in question. For example, if your injury was the result of inadequate signage stating water depths, having this information in your lawsuit will motivate the owner or operator of the pool to take steps to post more signs.