If someone assaults you at a swimming pool, there are steps you can take to protect yourself and your right to compensation for your injuries and other losses. Always put your safety first, and then follow these steps:
- Call 911. If your injuries require immediate medical care, calling 911 is the fastest way to get you to a hospital. Even if you do not require an ambulance, calling 911 will allow you to alert police to the crime scene.
The police will have the best chance of catching your attacker if you call them immediately. Catching the perpetrator prevents them from hurting anyone else. If the officers find and arrest the person who assaulted you, you can file a civil action against them. The police report will be vital evidence that links the attack to your injuries.
- Collect witness contact information. Get the names and contact information of bystanders, if you can do so safely. They might have seen the person who assaulted you or the person’s vehicle. They may even be able to identify your attacker. Any details these witnesses can give law enforcement might lead to an arrest and help support your claims in court.
- Get treatment for your injuries. Even if your injuries do not require emergency transportation to the hospital, they could get worse and develop complications without prompt medical care. Give yourself the best chance of an optimal recuperation by going to the emergency room or urgent care center right away. This will also produce medical records that will help link your injuries to the assault later.
- Have a trauma examination, even if you do not detect symptoms of an injury at first. The shock of the attack might mask signs of harm. You could have internal injuries and be bleeding inside without realizing it until you are in critical condition. Also, some other injuries—especially head, neck, or back injuries—do not always present symptoms at the moment of injury.
- Notify the swimming pool facility. Put the notice in writing so that you can prove when you notified the pool. If your injuries prevent you from giving written notice to the pool, have someone handle this detail for you. If you talk to a lawyer right away, the attorney can take care of notifying the pool on your behalf.
- Talk to a personal injury lawyer about your options. You might be able to sue both the attacker and the owner of the swimming pool to recover the damages you deserve. Commercial establishments with swimming pools usually carry a significant amount of liability insurance. Hiring a lawyer can make handling communication from large insurance companies less stressful and give you more time to focus on what matters most: your recovery.
While you recuperate, your lawyer can work directly with the insurance adjuster to try to reach a fair settlement for you or file a lawsuit if the insurer refuses to pay what you deserve. A personal injury attorney can provide guidance for you and navigate through this complex process.
Who You Can Sue After an Assault at a Swimming Pool
The fact that an assault is a crime does not bar you from also filing a civil lawsuit to collect damages. The attacker can face both criminal charges and a civil lawsuit for the assault. You might also be able to sue the swimming pool if you can demonstrate that the pool owner’s negligence caused or contributed to your injuries.
How a Swimming Pool Facility Can Be Liable for an Assault
- To win a claim of simple negligence, we must prove that the pool breached its duty of care toward you and that, by doing so, it caused you to sustain measurable harm. Physical injury satisfies the requirement of quantifiable harm.
- To win a negligent security claim, we must show that the risk of assault was foreseeable and that the pool’s owner failed to take reasonable measures to prevent it. For example, if the pool’s parking lot is poorly lit and assaults have occurred there in the past, we could demonstrate that the pool’s owner could have installed more lights to reduce the risk of assaults happening there in the future.
Getting Legal Help After an Assault at a Swimming Pool
If you got hurt when someone assaulted you at a swimming pool, a personal injury lawyer can help you go after money damages for your losses. We know how to file a premises liability claim. Call S. Burke Law today at 404-842-7838, for a free consultation. There is no obligation, and we do not get paid until and unless you win damages.