Going swimming? Here’s who could be liable if you’re hurt

Written on behalf of Abramson Smith Waldsmith LLP

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One of the best parts about the summer is the ability to go swimming at the beach, at local pools and in your neighborhood. You enjoy the water and heat along with the ability to meet new people, hang out with friends and see family in a relaxed environment.

One of the problems with going swimming at local pools or the beach is that if the area is not monitored or maintained, someone could get hurt. If that happens, then it’s up to you to figure out who is liable so that you can make a claim for compensation.

How do you know who the liable party is?

Start by asking who the owner of the property is. For example, if you’re on a private beach, it may be maintained by the property owner. If you’re cut on the beach, that person might be responsible for your injuries, especially if there is negligence involved. For instance, if you’re cut because the facility held a party and didn’t clean up broken bottles, the facility might be able to be held liable.

In a situation where you’re hurt at a public pool, you may be able to hold someone liable as well. For instance, if a lifeguard is supposed to be on duty but did not pay attention and allowed your child to drown, the lifeguard and owner of the pool could be liable. However, if there are no lifeguards on duty and you fail to monitor your child, the pool’s owner may not be liable, so it’s important to know the specifics of your case before deciding to move forward with a claim.

Whether you’re dealing with drowning, injuries or other problems that took place at a beach or pool, you can attempt to seek compensation from a liable party.

Jeffrey R. Smith

Jeffrey R. Smith

Managing Partner

Robert B. Waldsmith

Robert J. Waldsmith

Partner, 1999

William B. Smith

William B. Smith

Partner, 1978

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