Swimming pool accidents can result in serious injury or fatality. According to the Center for Disease Control and Prevention, everyday, about ten people die from unintentional drowning. Moreover, drowning ranks fifth among the leading cause of unintentional injury or death in the United States.
It should come as no surprise that thousands of swimming pool personal injury lawsuits occur on a yearly basis. If you receive a swimming pool injury or fatality, contact us about filing a personal injury claim against the tortfeasor.
Swimming Pool Injury Liability:
You should hire an injury lawyer in Tulsa that has experience handling swimming pool personal injury lawsuits and will fight for you to get the best settlement possible. You will have to prove the following elements occurred in order to win your swimming pool personal injury lawsuit:
- The owner or possessor of the property owed a duty of care to ensure that their swimming pool and the immediate surrounding vicinity was free of dangerous conditions to guests on the premises;
- The owner or possessor of the property breached the standard duty of care of ensuring that the swimming pool and the immediate surrounding vicinity was free of the dangerous condition that caused the injury or fatality;
- They (owner or possessor) should have known about the dangerous condition because a reasonable person managing the property would have discovered, removed, or repaired the dangerous condition that caused the swimming pool injury or fatality; and
- The owner or possessor of the property breach of duty caused the pool injury or fatality to occur.
Depending on where the injury or fatality occurred, there may be several defendants to hold liable. To win, you must identify who the owner or possessor of property is to determine liability.
If the injury or fatality occurred on residential property, you will have to prove that the property owner or the possessor of the property had control over the dangerous condition. Also that such owner or possessor of property could have repaired the dangerous condition but failed to do so. Finally, also that the owner or possessor of property failed to take reasonable measures to repair the dangerous condition that caused the injury.
If the injury occurs on government property, you must determine whether the property is a local, state, or federal property. This will help narrow down who to sue for damages. For example, if your child receives injuries while swimming at a local city public pool, you would file your cause of action against your local city government.
Contact our swimming pool personal injury attorneys to find out which government entity is possibly liable for your swimming pool injuries.
Swimming Pool Injury Damages:
You must request an award of damages as a result of the negligent tortfeasor’s actions. You may be able to recover compensatory and punitive damages as a result of your swimming pool injury. Four types of compensatory damages exist: medical expenses, loss of earnings (present and future), pain and suffering, and emotional distress. Punitive damages intend to punish and deter the negligent party from exercising reckless, negligent, or malicious activity. The amount of punitive damages you receive will be determined by the amount of compensatory damages awarded.
Swimming Pool Injury Lawyers in Tulsa:
Please contact our swimming pool personal injury attorney in Tulsa Oklahoma. We offer a consultation regarding your injury or a fatality a loved one has suffered. We have exceptional skills negotiating settlements on behalf of our clients. Most importantly, we don’t receive payment unless you do.