What are my rights if I was severely injured due to a pool slide not having a proper warning sign or not being installed at a proper pool depth?
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What are my rights if I was severely injured due to a pool slide not having a proper warning sign or not being installed at a proper pool depth?
I was swimming this summer and went down the slide and landed in the pool which was only 3 feet. The slide was very tall and this was in a neighborhood clubhouse pool. I hit the bottom on my butt and as soon as I came up my neck was hurting. I went to the doctor the next week after it did not stop hurting I have a bulging disc between my vertebra which is pressing on my spine. It requires surgery. Everyone keeps telling me that the requirements for a slide at the height is more than 3 feet or it should have had a warning sign. I want to know if I have a right to sue because before I went down that slide I had no problems?
Asked on October 17, 2015 under Personal Injury, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue the clubhouse for negligence. Negligence is the failure to exercise due care that degree of care that a reasonable clubhouse would have exercised regarding the pool, under the same or similar circumstances to prevent foreseeable harm.
Prior to filing a lawsuit against the clubhouse, it may be possible to settle the case with the clubhouse's insurance carrier. Obtain the insurance information from the clubhouse and notify the insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your personal injury claim filed with the clubhouse's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the clubhouse's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the clubhouse's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the clubhouse.
If the case is NOT settled with the insurance carrier, your lawsuit for negligence against the clubhouse must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.