On behalf of Smiley & Smiley, LLP posted in Premises Liability on Monday, June 30, 2014.
New York is once again in the midst of a hot summer. If you have kids, the whole family will probably be spending time at a pool over the next couple months. Unfortunately, these visits to public pools can sometimes end with a visit to the hospital.If you or a member of your family gets injured while at a public pool, it’s important to understand your rights and options. Depending on the severity of injuries and how the accident occurred, you may wish to pursue a premises liability lawsuit. The first step is to figure out what happened and why.
Did your child trip and fall because of uneven or slick surfaces near the pool? Was the injury caused or exacerbated by a negligent employee who failed to keep a proper lookout? If the injury can be traced back to problems with the facility or staff, you may be able to pursue a liability claim.
If the pool is truly “public” and owned by a government entity, you may need to file a tort claim with the government first. Based on this claim, the government may decide to settle or may deny the claim. If the claim is denied, a personal injury lawsuit is your next step.
Seeking the help of an experienced personal injury attorney may be crucial to the success of your case. Even if your case seems strong based on the facts alone, personal injury claims are typically defended vigorously, especially when the defendant is a government entity.
Hopefully no one in your family will be injured while enjoying some summer fun. But if an injury does occur, it’s important to know your rights and what resources are available to you.
Source: Findlaw Injured, “Injured at a Public Pool? 3 Tips for Filing a Claim or Lawsuit,” Daniel Taylor, June 27, 2014
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