In these hot summer months, the pools is a popular place to have fun for the whole family. However, it can also be a dangerous place. If you or someone in your family suffers an accident or injury at a public pool, there are steps you need to take if you are thinking about holding the pool liable and seeking damages. If you are thinking of filing for a claim or lawsuit for an injury at a public pool, consider these three tips:
- The first step is to determine what caused your injury. Identifying the cause of your injury is one of the most important things to do when deciding who is liable. Last year, there was a case where an 11-year-old girl died in a public pool after being electrocuted by a faulty wire. When taking action, the parents had the option to file for a wrongful death lawsuit by holding the public pool liable under the theory of premises liability. This is because if an injury is caused or dangerous conditions are brought about by improper maintenance of the pool, the person, company, or government agency responsible for maintaining that property may be held liable. In the case, the girl’s parents could have also sued the city for failing to properly maintain the overhead electrical wires which caused her electrocution and death. Also, even if your injury is the fault of an individual employee, their employer might still be held responsible. For instance, if a pool employee improperly stores or applies dangerous pool chemicals, their employer may still be liable for the employee’s negligence.
- It might be necessary tofile a government tort claim before you can sue. If you receive injury at a public pool, the party responsible may likely be a government entity. When filing a personal injury lawsuit against the government, you must follow “Torts Claim Acts.” This means that to proceed with your lawsuit, you must first file a notice of claim with the government as soon as possible, so that the government has adequate time to settle or deny the claim. If the government denies your claim, you will continue with a personal injury case in civil court. If you do not follow the rules in the Torts Claim Acts, you may lose the opportunity to bring your suit against the government.
- Determine whether or not you should bring your case to court. When deciding to bring a lawsuit, it is important to consider how much your case may be worth, meaning how much money you could actually win for your injury. You should also take into account how likely you are to win your case, as well as how long the case may take and the onconvenience of a long, drawn out case. A personal injury case may involve inconvenient medical examinations and depositions before the trial actually starts. It is worth it to you to look into how much time and money it would take to pursue your case, versus how much compensation you could receive.