Premises Liability In Swimming Pool Accidents

Just about everyone loves swimming pools. They provide both enjoyment and relaxation, and there may be no greater way to kick off than to lounge in the pool, with your friends or family. However, the hazards that come with having swimming pools should not be overlooked. Those who own pools, whether they are for private or public use, should understand the liabilities that come with having swimming pools.

Swimming pools fall under the premises liability rule, since it is deemed as part of the property that it is situated. The rules may differ from state to state, but generally the United States law on premises liability identifies three types of participants and the degree of care the owner of property owes to that participant. In most cases, it is the responsibility of the property owner to ensure that area is reasonably safe.

Public pools, whether they are paid for or free, are under the responsibility of the property owner. They are the ones liable should an accident or injury occur within the premises, therefore they should maintain as well as repair any damages in the vicinity that may cause injury or accidents. As for private pools, it is the owners of the property to warn guests of the dangers that they may not be aware of. However, in cases of trespassers, the owner does not have any duty of care except if the trespasser a child.

Disregarding the fact of whether the participant is a trespasser, invitee, or a licensee, it is the responsibility of the owner to provide necessary warnings of the dangers around the pools, such as slippery surfaces and no-diving spots. It is also the property owner’s responsibility to provide emergency safety equipment as well as lifeguards (particularly in public swimming pools) to oversee the premises.

To avoid any premises liability lawsuit, swimming pool owners should make sure that the area is properly secured, maintained and taken care of. Securing the area not only means setting up necessary fences, but also providing proper warning signs and rules that will teach people safety practice while inside the premises. Proper upkeep of the pool is also necessary to prevent any chemical spills or contamination that can also be a cause of injury.

Delayed Diagnosis as Medical Malpractice

There have been a lot of emails and blog posts related to identifying the symptoms of incipient stroke. This is because stroke cannot generally be predicted, and to the untrained individual it may look like anything from intoxication (slurred speech) to simple tiredness (neck pain, general weakness). However, for the trained health care professional, there is no excuse for overlooking the significance of these symptoms when taken together, and failure to identify incipient or actual stroke in a timely manner can have serious consequences to the patient.

Stroke is essentially loss of brain function due to lack of oxygen (brain cell death) or pressure on the brain from a hemorrhage. This may be due to obstruction of the blood vessels carrying oxygenated blood to the brain (ischemic stroke) or a rupture in a blood vessel on the brain’s surface (hemorrhagic stroke). In many cases, there is no advance warning about these events, sometimes referred to as cerebrovascular accidents, so there is no way to circumvent it.

An article on the website of Crowe & Mulvey, LLP from New Hampshire characterizes stroke as a medical emergency, so it is important to have an idea of the symptoms. The patient may experience a sudden loss of balance, blurred vision, confusion, weakness, dizziness, speech problems, or any combination of these symptoms. If these symptoms are present, the patient should brought to the hospital emergency room or a doctor’s clinic at the onset of symptoms.

There are protocols that are in place to determine if it is indeed a stroke which includes a physical assessment, ultrasound, CT scan, and MRI. However, the physician should first suspect the condition to have these tests done, and with stroke, an early diagnosis is the key to minimizing the damage. Stroke victims that are not treated immediately suffer more severe consequences than they should have.
The failure of the physician or other attending healthcare professional to recognize the signs of stroke in a timely manner would be considered delayed diagnosis, and this can be medical malpractice. This is because it is their duty to know and notice these things in their capacity as a medical practitioner. If you or an immediate family member suffered injury because of delayed diagnosis, you should contact a medical malpractice lawyer to see what can be done to address the negligence.

Construction Injuries and Accidents

Construction site accident statistics for 2012 show an increase of fatalities in the private sector of 5% from 2011 (775 against 738). A majority of these fatalities (36%) were as a result of a fall, the leading cause historically of fatal and non-fatal injuries in the industry. Other top causes of construction injuries are struck by object (10%), electrocution (9%), and caught-in or between (2%). Just recently, a construction worker in Seattle was seriously injured by being struck by a grinder wheel and another one fell to his death two days before on the same construction site. If you have been injured on a construction work site, a construction accident lawyer may be able to help represent your case.

There has been steady improvement in these accident statistics, and fatalities are currently down 37% from that of 2006. Nevertheless, construction work is definitely a hazardous occupation. Workers are aware of this and most exercise reasonable caution when on the job, which can make a serious injury or death harder to believe and accept.

Most construction workers are young and fit and/or experienced, hardly expecting anything bad to happen to them. Serious injury or death from a construction site accident means the family is unprepared for the loss of income and huge medical bills that may ensue, not to mention the pain and suffering that would affect all involved. This can result in extreme financial hardship, made more difficult if worksite safety turns out to be an issue.

While injured construction workers can rely on making a claim with workers’ compensation insurance, it is not at all easy. Filing a personal injury claim would be even more difficult as negligence will have to be established. The claimant can get the best results by retaining the services of construction site accident lawyer, who will have the resources to put together a viable case to better ensure a successful workers’ comp or personal injury claim.