Summertime is upon us, and you know what that means: Hot days and people trying to find ways to stay cool. We can only eat so much ice cream before we begin to feel sick and cranking up the air conditioning can get pricey, so people often go swimming to cool down. Though swimming is a fun activity that family and friends can enjoy together, it’s also an activity filled with potential risks such as slipping and falling, drowning, and other poolside injuries.
Depending on the circumstances surrounding these accidents, you may be able to file a claim. But you might ask- What evidence do I need to file a claim? When should I consult with an attorney? The answers to these questions and more can be found if you keep reading!
Building a Case for Your Claim
After the accident and before you file a claim, you first must gather proof of the accident and the injury that occurred from it. It is also important to know what premise liability law is before filing a claim.
Premise liability law can only be applicable for certain types of injuries that a person suffers on another person’s property. This law holds the pool owner or property owner liable for the injury, but this law can only be applied if the injured party was either an invitee or a licensee of the property. If the injured party was a trespasser, except in the case of a small child, then a file cannot be claimed. Also, there must be proof that the owner performed a wrongful act or demonstrated negligence that led to the injury.
Gathering Evidence for the Claim
The most important of filing a claim is having the evidence to back it up. Without evidence, you don’t have proof and without proof, you won’t win your claim.
So here are some ways you can gather evidence:
- Photograph & Video: If your injury happened because of a poolside fall on some broken tiling, make sure to take photographs of the broken tile. If you notice anyone else fall or get injured because of that same broken tile, get video evidence to show that is a hazardous spot to anyone who visits the pool.
- Witness Statements: Pools are always filled with people of all ages, so there’s a very good chance several people saw your accident. Get the names, addresses, phone numbers, and other information of each witness. If the case goes to court, you may need them to make a testimony in your favor.
- Detailed Documentation: Not all injuries are visibly noticeable. If your poolside injury would result in a concussion, you would need the testimony of a trusted doctor and proof of any tests or scans they did. And if the police were called for a particularly horrific poolside accident, get a copy of the report to use when filing your claim.
Once you have your evidence and know who the liable party is, you can consult with an attorney.
Consulting an Attorney
If your injury is so severe that you are unable to file your claim right away, don’t stress over it. You have four years from the date of the accident to file a claim. However, if a claim is being filed for someone who died from drowning or as a result of their injuries, then you only have two years to file the claim.
An attorney who specializes in swimming pool injuries will know the best route to take with your claim. Depending on the severity of your injuries, you may be entitled to financial compensation. If you want the help of an attorney with a high success rate in these types of cases, call the Law Firm of Marcelo Saenz today at 305-441-5955.