Handling Cases Nationwide
Many children enjoy beating the summer heat by cooling off in a pool. Some well-meaning neighbors may invite neighborhood children to come and play in their pool, and parents of these children may enthusiastically support their children doing so. But statistics show that pools are especially dangerous to young children. In fact, unintentional drownings are one of the leading causes of death to children under the age of 5.
A pool accident can result in a drowning or near-drowning. A drowning is devastating to a family who must cope with the sudden financial and emotional costs that accompany an unexpected death. But even a near-drowning can be traumatic and costly. A child who is underwater and unable to breathe for even a few minutes can suffer permanent and irreparable brain damage resulting in medical costs for the remainder of the child’s life.
If you or a loved one have been injured in a pool accident, you may be entitled to recover compensation through a pool accident lawsuit.
What Do I Need to Prove in Order to Obtain Compensation After a Pool Accident?
Pool accident lawsuits are a type of personal injury lawsuit and are premised on the idea that you or your loved one’s injuries were caused by the carelessness of another person. Winning this type of lawsuit requires you, the injured party, to prove four factual propositions by proof that is more likely true than not. These factual propositions include:
The alleged negligent party (the defendant) owed you a duty of care.
This means that the defendant was required to behave in a certain manner by law. Property owners who have pools have a recognized duty to properly maintain their pools and warn potential swimmers of hazardous conditions that might make the pool unsafe to use. Pool owners must also generally erect fences and gates that are able to deter children’s attempts to access the pool without permission.
The defendant breached the duty of care.
That is, the defendant did not meet his legal obligation. A broken fence or a pool in disrepair is just some of the evidence that can demonstrate a pool owner breached his or her duty of care. If a defendant has breached the duty of care, he or she is said to have acted negligently.
The breach caused injury to you or your loved one.
There must be some causal connection between the defendant’s negligent conduct and the injuries you or your loved one sustained. Sometimes this is easy: a broken fence allowed your child to access the pool and drown. Other times it may be more difficult to show a causal connection.
Your injuries can be compensated through a monetary award.
No amount of money can undo injuries or bring back a deceased loved one. However, you must be able to state that your injuries and losses can be compensated through a monetary award in order to be able to bring a lawsuit (otherwise there is no remedy a court can give you). Your attorney can help you collect proof of your losses and expenses and quantify other damages such as pain and suffering.
At Zinda Law Group, we know that a pool accident can leave a victim and his or her family traumatized. We are here to help protect your legal rights and assist you in obtaining compensation for your injuries so you and your family can focus on recovering from the incident. Contact our office today at (800) 863-5312 and schedule a consultation with one of our pool accident attorneys and learn how our legal knowledge and experience can help you and your family.
