Lifeguard Negligence Lawyers
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Beaches, water parks, and pools can be great ways to cool off and spend time outdoors. In most of these recreation venues, lifeguards are responsible for ensuring that all swimmers are safe, whether or not they are able to swim. They are also in charge of enforcing safety rules. When swimmers are in distress, it is a lifeguard’s job to jump into action and rescue them.
When lifeguards fail to notice a struggling swimmer perform incorrect rescue and recitation techniques, swimmers may be seriously injured or killed. A negligent lifeguard can leave victims’ families with significant hospital bills, rehabilitation costs, and pain and suffering.
The pool accident attorneys at Zinda Law Group are experienced in representing accident victims; if you have been hurt by a lifeguard and wish to seek compensation, call us today at (800)-863-5312. We’ll schedule you a free attorney consultation with skilled personal injury lawyers.
examples of lifeguard negligence
Lifeguard negligence can result in injury or fatality, especially for children. One of the most serious consequences of lifeguard negligence is drowning, which is the leading cause of unintentional death for children ages one to four. On average, 356 children under 14 drown in pools and spas every year.
When children do not drown, they may still be left with serious injuries. Across the US, for every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries. Some of the most common scenarios where a lifeguard may be negligent include:
Poorly Trained Lifeguards
In order to be a certified lifeguard through the American Red Cross, students receive First Aid administration training, CPR training, and AED training. They are then required to pass both a hands-on, skills-based test and a written test. However, when lifeguards are poorly trained or have not completed the required courses to be a certified lifeguard, they may be unable to perform life-saving rescues when needed most.
A young child can drown in less than two inches of water, and it only takes a few minutes. When lifeguards take unauthorized breaks and fail to coordinate their schedules with their fellow lifeguards or supervisor, swimmers may be left without any supervision and become injured.
An intoxicated lifeguard may fail to notice when a swimmer is in distress, fall asleep on the job, and be slow to react when there is an emergency. Lifeguards are paid to constantly scan, assess, and ensure the safety of all swimmers, which intoxicated guards cannot adequately perform.
Failure to Warn
When lifeguards see swimmers or other pool patrons engaging in unsafe or risky behavior, they need to warn them of the dangers. This could include children who run on the pool deck, engage in horseplay, enter a prohibited area, or who do not wait their turn for water slides and diving boards. When lifeguards notice behavior that could result in an injury but do nothing to stop it from continuing, they may be responsible for accidents that occur.
Lifeguards who are distracted may not notice a swimmer who is drowning and be unable to react quickly enough to rescue a victim. When a swimmer drowns, oxygen is cut off from their brain; every second counts in saving a drowning victim’s life. Lifeguards who are distracted and fail to notice distressed swimmers before they drown may be responsible for the swimmer’s injuries or death.
Lack of Rescue Supplies
Pools are required to have certain rescue and resuscitation devices on hand. When water parks and pools fail to have life-preservers, or AED equipment, lifeguards may be unable to properly perform first aid and rescue techniques.
Constantly scanning the swimming area and remaining alert are essential to a lifeguard’s job. When lifeguards are overworked or tired, they may fall asleep, zone out, or otherwise fail to pay attention.
what to do after a pool accident
After an injury involving a negligent lifeguard, you may be unsure about what to do next. The steps below outline what you should do immediately following an injury as well as in the days and weeks afterwards.
1. Seek Medical Help
In serious cases, you should immediately seek medical attention, especially after near-drowning injuries that can be life-threatening; in mild cases, you may not feel as though you need medical attention. However, it is always a good idea to be checked by a doctor to detect any injuries that you may have incurred after a pool accident. You should also pay attention to any signs and symptoms that occur in the days following the accident, as they may not be immediately noticeable.
2. Document Your Damage
As soon as possible, be sure to take photos of your injuries; this may include pictures of any broken bones, cuts, or other injuries. If possible, obtain the name of the lifeguard on duty as well as their supervisor’s information. If any witnesses saw your pool accident occur, be sure to obtain their contact information.
3. Keep Track of Your Expenses
In order to help you receive the compensation you may deserve after a pool injury, you will need to keep track of your expenses. This could include hospital bills, rehabilitation costs, and documented time taken off from work due to your injuries.
4. Contact a Pool Accident Lawyer
In some cases, a pool accident can happen so quickly you may not realize that a negligent lifeguard was involved. A personal injury attorney may be able to investigate the accident and determine what role a lifeguard’s negligence played in your pool accident.
A pool accident lawyer may also be able to assist you by ensuring you receive proper medical treatment, interviewing witnesses, filing a lawsuit, negotiating a settlement, and going to trial if necessary. At Zinda Law Group, our attorneys may can help you deal with questions about hospital bills, how much your case may be worth, and the next steps that you should take in your case.
who can be held liable for your injuries
A number of parties may be liable for the injuries you sustained in a pool accident. In addition to a negligent lifeguard, an employee supervisor, a fellow lifeguard, and the pool owner may all have contributed to your damage and injuries. Although each case is unique, some of the parties who are commonly responsible for pool accidents include:
Lifeguard on Duty
A lifeguard may be negligent if they took unauthorized breaks, failed to properly supervise swimmers, came to work under the influence of drugs or alcohol, fell asleep on the job, or were distracted. Any of these activities may suggest that a lifeguard was not doing their job, contributing to a victim’s injuries.
Pools and beaches frequently have multiple lifeguards on duty; this is intended to reduce injuries and help compensate if one lifeguard on duty fails to pay attention. If a fellow lifeguard notices an injured or distressed swimmer, they may need to jump in and assist their fellow lifeguard. When a fellow lifeguard fails to rescue, they may be liable for injuries that occur as a result.
Lifeguard supervisors are responsible for certifying that their lifeguards are properly trained and certified. They may also be in charge of scheduling and should ensure that each lifeguard receives an adequate break so that they do not become too tired to properly perform their job.
As the lifeguard’s employer, the pool owner may be liable for the negligent actions of its employees. Pool owners may also be held responsible for negligently hiring the lifeguard, failing to provide proper life-saving devices, or failing to properly train their lifeguards.
What Compensation Can I Seek After a Pool Accident?
After an injury, you may be able to recover hospital bills, medical expenses, rehabilitation costs, and compensation for pain and suffering as well as for money lost due to time taken off work because of your injuries. The circumstances of each case are unique, and a skilled personal injury lawyer will be able to help you seek the compensation you deserve.
How Much Time Do I Have to File a Lawsuit?
If you were injured in an accident because of the negligence or actions of a lifeguard and want to file a lawsuit against the other party, you need to be aware of the time limits, or statutes of limitations, that are in place. Each state sets their own personal injury time period limitations, which usually range from two to six years. However, it is best to contact a pool accident attorney as soon as possible to help you navigate the filing timeline and to give them time to investigate the facts of your case.
Contact a pool accident attorney
At Zinda Law Group, our personal injury attorneys have helped many victims get the compensation they deserved after suffering from an injury because a lifeguard wasn’t paying attention. The pool accident lawyers who work for our firm in a location near you have experience helping our clients seek compensation for hospital bills, time taken off work, pain and suffering, and much more.
We believe an accident victim should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case; that’s our No Win, No Fee Guarantee. So, if you were injured by the pool and need a lawyer, call Zinda Law Group at (800)-863-5312 to receive your free consultation with a personal injury attorney near you.