Cooling off in the water with friends and family is the perfect way to enjoy the summer season and rising temperatures. However, it only takes one person’s negligence to turn a day filled with fun into one of pain and suffering. The Centers for Disease Control and Prevention (CDC) reports that the United States has around 11 fatal drownings and 22 non-fatal drownings daily. Sadly, drownings are the number one cause of death for children ages 1 to 4.
Suffering an injury at the pool may result in debilitating, long-term effects on your health and life. When another person’s careless behavior results in severe injuries, you have the right to hold them accountable and recover compensation for the emotional, physical, and financial losses you incur.
When Is a Lifeguard Responsible for a Pool Accident Injury?
To become a lifeguard, a person must undergo extensive training to ensure they can act and perform life-saving procedures on those within their care. This also means they owe those under their supervision a certain level of care, and if they fail, they may be held accountable.
However, not every accident is the fault of a lifeguard’s negligence. To hold them accountable for your injury, you must prove any of the below actions:
Abandonment and Distraction
If a lifeguard steps away from their post or is distracted at their post and fails to save or prevent a serious accident, those injured are eligible to recover compensation. Some examples of distractions include texting and speaking with others while on duty.
Drowsiness or Fatigue
Sitting in the sun all day can cause even an extremely active person to suffer from drowsiness or fatigue. However, it’s up to the lifeguard and the manager to stay attentive and request breaks if necessary. If they feel they are unfit, they must replace their position with someone able to perform their tasks.
Failure to Use Training
With hours of training and certifications, a lifeguard failing to use their knowledge may be held liable for their inaction or inadequate performance of a procedure. For example, if a lifeguard pulls a person out of the water in a dangerous way and results in the person suffering a debilitating head injury, they may be held liable.
Hiring an unqualified lifeguard or someone without the required training is illegal and places everyone under their supervision at risk. Not only can the victim hold the lifeguard accountable, but also the party who hired an unqualified lifeguard. If they need to perform CPR or life-saving actions and cannot do so due to a lack of training, they may result in someone suffering fatal injuries.
Filing a swimming pool injury claim not only holds a person accountable for their behavior but also may compensate you for the various damages you incur. Emergency medical transportation costs, hospital bills, and other expenses may infringe on your recovery process. As soon as you can, speak with Jassim Law about how they may provide you with highly-qualified legal representation.
Find a Highly-Qualified San Diego Catastrophic Injury Lawyer at Jassim Law Today
California Law allows those injured in swimming pool accidents two years from the date of the incident to file a claim. However, the sooner you speak with a San Diego injury attorney, the more time they have to gather substantial evidence for your claim.
Jassim Law has over 20 years of experience protecting California residents and communities from others’ negligence. Our firm believes in holding people accountable for their behavior and has a proven track record of success. With positive past references and results, our future clients have the information necessary to ensure our team is the right fit. Learn more about our services by speaking with Attorney Pajman Jassim. Call (619) 554-0624 or complete our contact form today for a free consultation.