Dallas Swimming Pool Accident Caused by a Negligent Lifeguard
Spending time at the public pool can be great fun; however, swimming does come with risks. The Texas Drowning Prevention Alliance asserts that drowning is the second-leading cause of death among children 14 years and younger. Providing supervision can mitigate accidents, and lifeguards are there to enact pool rules and supervise. However, what if there’s a Dallas swimming pool accident caused by a negligent lifeguard? Pursuing legal action may be a viable option for gaining rightful compensation. Consider speaking with one of the expert Dallas attorneys at the office of Carabin Shaw to learn more.
Elements of a Negligence CaseProving negligence in your swimming pool accident case must touch on the following components:
- Duty of the lifeguard: The obligation they have to provide safety and supervision
- Breach of duty: Failure to act or improper action
- Cause: Establish a causal relationship between the negligence and harm
- Harm: Negligence from one party caused injury to another
A successful negligence case proves these elements. Certain pieces will be easier to prove than others. Most negligence cases rely on supplying evidence for a breach of duty. It will be the job of your lawyer to demonstrate the liability of the lifeguard. A Dallas accident attorney would compile evidence and negotiate on your behalf so that you may receive the compensation you deserve.
When Would a Lifeguard Be Liable For an Accident?A lifeguard must supervise swimmers and provide aid to those in distress. Failure to perform these duties can have a disastrous effect. A lifeguard might be liable if they neglected to function appropriately. Examples of lifeguard negligence include:
- Failure to act: An instance of omission includes a case in Chicago, in which lifeguards took over 5 minutes to help a drowning man
- Inability to use training: Not utilizing lifeguard training or inadequate training, that causes harm may put that lifeguard at risk for liability
- Lack of CPR knowledge or other life-saving techniques
- Inattention: Simply not paying attention while on duty can result in devastating accidents
Specific actions or inactions may lead to a Dallas swimming pool accident caused by a negligent lifeguard. You may want to connect with a personal injury attorney serving Dallas, especially if you are considering pursuing legal action. It is their job to prove negligence on your behalf, so that you may continue to live your life.
Proving Liability in an Accident CaseYour swimming pool accident case requires evidence. While your attorney will help you determine specifically what you will need, the following are common types of evidence that will help prove lifeguard negligence and calculate damages:
- Eyewitness statements
- Police reports
- Photographs or videos of the scene
- Medical bills
These records provide details of the damages, which will help determine how much financial compensation you may be eligible for. Your Dallas accident attorney will help you compile this evidence and work it into your case.
What Kind of Damages Can I Receive?Damages are typically determined by the amount of money you have lost because of your sustained injuries. The monetary amount is influenced by the following:
- Medical bills
- Lost wages and benefits
- Pain and suffering
Providing these types of records will help your lawyer in developing your case by supplying evidence of the physical, emotional, and financial distress that this ultimately preventable accident has caused you. To earn damages, you must win your case by trial or settlement. You can improve your situation by working with a personal injury attorney serving Dallas.
The Next StepsFinding the right attorney can be intimidating at first. Fortunately, Carabin Shaw offers a no-cost, no-obligation initial consultation so that you can be confident in your case going forward. Our experienced lawyers have won over 500 million dollars for our clients. Let a Dallas accident attorney from our office represent your interests and your case. Connect with our Dallas office today by calling us at 1-800-862-1260.