Can You Recover Compensation If You Were the Victim of a Crime in Ohio?
Posted in: Premises Liability
Tragic swimming pool accidents occur when we least expect them and leave families to deal with devastating injuries. If you or someone you love is dealing with a traumatic injury related to a swimming pool accident, you may have the right to compensation.
At Kisling, Nestico & Redick, our experienced Ohio swimming pool accident lawyers are here to help. Contact our office for a free consultation today and learn more about what’s next for your swimming pool accident claim in Ohio. We will advise you, guide your next steps, and pursue the maximum amount possible.
Call KNR at 1-800-HURT-NOW to set up a free consultation.
According to the Centers for Disease Control and Prevention (CDC), there are nearly 4,000 fatal unintentional drownings annually in the United States. This amounts to approximately 11 drowning deaths every day. There are also nearly 8,100 nonfatal drownings that occur each year.
Sadly, drowning is also the most common cause of child deaths other than birth defects. Drowning is the second cause of unintentional death after car and motor vehicle accidents in children aged 1 to 14.
Swimming pool accidents can take many forms. Some of the more common swimming pool accidents we see in Ohio include:
Some of the more common injuries associated with swimming pool accidents include:
Establishing liability for your swimming pool accident is essential. State and federal regulations in place determine public and private pool owner obligations and responsibilities.
For example, the Virginia Graeme Baker Act requires all public swimming pools to be equipped with necessary safety devices, functional equipment, and sets drain requirements.
Generally, the owner of the public or private pool will be held accountable for any injuries or deaths, notably when they have failed to uphold their duty of care to invited guests and patrons.
Swimming pool accidents are a type of premises liability claim that occurs when property owners fail to keep their invitees safe. They must take all necessary precautions to maintain their premises or be found in breach of their duty of care.
The owners of swimming pools have specific responsibilities:
Property owners and pool owners are often required to carry specific types of insurance to protect them in the event of a pool injury or death. Owners of private pools may have purchased homeowner’s insurance coverage which should protect them under the personal liability section of their insurance policy.
However, insurance companies may have stipulations requiring policyholders to meet strict safety requirements, including using specific building materials, maintaining a specific height of fencing, and other details. For this reason, you may find yourself with additional damages after your insurance settlement that can only be recovered through the pursuit of a swimming pool accident lawsuit.
To prove liability and negligence in the swimming pool accident claim, your attorney must prove liability based on a preponderance of the evidence.
Evidence presented must be compelling and leave a little doubt in the mind of the judge and jury that the defendant is at fault for your injuries. The elements of negligence that must be met include:
Swimming pool accident victims have the right to be compensated for every loss. This does not only include economic or financial losses but also non-economic damages. Economic damages will cover your monetary losses, while non-economic damages will ensure you are compensated for how your life has been impacted by the swimming pool accident and your subsequent injuries.
Examples of what you can recover after a swimming pool accident include compensation for your:
Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover the maximum amount possible after a near drowning, TBI, or tragic incident at a pool. Since insurance companies tend to settle these claims quickly for less than their worth, aggressively negotiating for everything you’ll need to get proper care or move forward with life.
After everything you have been through, going to court or dealing with an insurance company can seem intimidating. Thankfully, when you retain the legal guidance and support of an Ohio swimming pool accident lawyer at Kisling, Nestico & Redick, you can rest easier.
Our team will deal with your case’s legal details so you can spend your time and energy healing. Some of the ways we best serve our clients include:
Ohio law has a strict two-year statute of limitations for swimming pool accidents and personal injury claims under Ohio Revised Code section 2305.10. If your claim is not filed before this deadline, you may lose your opportunity to recover compensation for your damages in a civil court system.
If there is a “no lifeguard on duty” sign and you or someone you love suffered an injury, you may still have the option to pursue compensation. Since a “no lifeguard on duty” sign may be considered a warning of a dangerous swimming pool situation, the defense may argue shared liability.
However, since Ohio is a modified comparative negligence state under ORC Section 2315.33, sharing liability does not prevent you from filing a claim unless your portion of fault exceeds 50%. Discussing what happened with a lawyer is always the best way to evaluate your situation accurately.
Yes, even if you know the person and use their pool as a guest, they still should ensure your safety as an invitee. If their negligence or misconduct caused your swimming pool injuries, they could be compelled to compensate you for your damages accordingly.
If you suffered severe injuries or lost a loved one in a swimming pool accident, your family deserves the chance to file legal action, hold the liable party accountable, and get the relief you need. Explore all your options by contacting a compassionate Ohio swimming pool accident lawyer at Kisling, Nestico & Redick. We will advise you and fight to secure the maximum amount possible so you can recover physically and financially.
Get your free, no-risk consultation. Call 1-800-HURT-NOW today.