As a parent, there is no greater fear than seeing your child hurt. The situation can be even more devastating when that injury occurs at a public pool. Who is liable for their injuries, and how can they be held accountable?
Liability can fall on multiple parties
To determine liability, it is crucial to investigate the accident’s circumstances. Some key questions to ask include:
- Was the pool properly maintained, with regular inspections and repairs?
- Were lifeguards or other staff members adequately trained and present during the incident?
- Were safety signs and warnings clearly posted and visible?
- Were pool rules and regulations enforced, and were patrons adequately supervised?
If the investigation reveals negligence or reckless behavior on the part of the pool’s owners or staff, you may be able to recover compensation for your child’s injuries. This can include medical expenses, lost wages and pain and suffering.
New Mexico follows a “comparative negligence” rule. This means that if your child’s actions contributed to the injury, it could affect the amount of compensation you receive. For example, if your child was running despite clear “no running” signs, the court might assign a percentage of fault to your child.
Taking the right steps after an injury can bring peace of mind and justice
It is important to act quickly after an injury occurs. Report the incident to pool staff immediately and seek medical attention for your child.
Document everything, including photos of the scene, witness statements, and medical records. This evidence can be crucial in building a strong case.
An experienced personal injury attorney can help you pursue fair compensation for your child’s injuries. They can guide you through the process, handle negotiations with insurance companies and represent your interests in court if necessary.