Toronto diving and swimming accident lawyer: you can sue your neighbour with a pool
It’s true, a Toronto diving and swimming accident lawyer explains, that while it’s no fun to launch a personal injury lawsuit against the nice guy down the street, if you, or a loved one, are injured in an accident in his pool. You can sue him. Even if the diving and swimming accident happened during a late-night stealth trespass into his backyard pool.
The big question will be: how much compensation will you be awarded? A Toronto diving and swimming accident lawyer notes that it depends on the degree of negligence that falls on the pool owner. And if the injured party acted foolishly to contribute to the accident (like trespassing), the damages awarded would be reduced in line with their contributory negligence.
Remember, a Toronto diving and swimming accident lawyer says that under the Occupier’s Liability Act, the pool owner has a common law duty of care to keep visitors safe. Usually, the owner’s property liability insurance would pay, so it’s the insurer who the tort claim is launched against . If he doesn’t have any or enough insurance, then the pool owner’s assets would be at risk to cover the compensation.
If the diving and swimming accident results in a fatality, a wrongful death suit can be filed.
Toronto diving and swimming accident lawyer explains why water accidents happen
A Toronto diving and swimming accident lawyer warns that an accident or drowning can happen anywhere there’s water. From your kiddie pool to the hotel hot tub, a beach/swimming hole/lake, or even a bathtub, sometimes people and water don’t mix.
Diving into shallow water anywhere or trying to do it into a pool from a damaged board or a slippery deck is a leading cause of diving accidents, says a Toronto diving and swimming accident lawyer. Other contributing factors are the diver ignoring warning signs, poor lighting, or murky water. Hidden objects in lakes and other natural settings are often causes of these accidents, and diving with alcohol on board can be a reason why a single dive can change your life.
A Toronto diving and swimming accident lawyer knows that, sadly, these incidents can usually be prevented and often, children are involved. These activities are weighted in that one momentary lapse can result in catastrophic consequences. The CDC says when a child is left unsupervised near a pool, they could drown in just five minutes. Drowning is the second-leading cause of accident death behind car accidents.
Other reasons for diving and swimming accidents include lack of fencing, slipping hazards, damaged ladder, no warning signs, allowing horseplay, too many swimmers, weak/non-swimmer allowed in, distracted, poorly trained lifeguards, and drain entrapment or electrical hazards, lack of safety equipment, and poor pool hygiene leading to disease.
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Toronto diving and swimming accident lawyer warns injuries can be severe – or fatal
A Toronto diving and swimming accident lawyer says a leading cause of fatalities for children is drowning. Government statistics show the majority – 55 per cent – of these tragedies happen in both public and residential swimming pools. But while a fatality is the worst possible outcome, a host of other injuries that can occur while diving and swimming.
Injuries that can arise from a near-drowning event, include respiratory distress syndrome, aspiration pneumonia, brain damage, hypothermia, organ damage, and mental health issues, notes a Toronto diving and swimming accident lawyer.
A diving accident and/or slip and fall can result in broken bones, chronic pain, cuts, headaches, internal bleeding, neck injuries, paralysis, soft tissue injuries, and spinal cord injuries. Poor hygiene in a swimming area can cause coughs, diarrhea, earaches, eye pain, rashes, and illness like E. coli.
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What compensation can I get for a slip and fall injury from a diving and swimming accident?
A Toronto diving and swimming accident lawyer knows that not every slip and fall is worth pursuing legally: most are minor, and the injuries from the diving and swimming accident heal up. But if liability can be proven for causing serious injuries, you can pursue compensation for your damages.
One of the main damages for a diving and swimming slip and fall accident is lost income and/or benefits, both current and future. Compensation for out-of-pocket expenses related to the injury include for medical and hospital stay (if you aren’t covered by OHIP). There are many forms of treatment you may need that are not covered under OHIP, even for those with OHIP coverage.
Toronto diving and swimming accident lawyers will pursue compensation for rehabilitation costs not covered by OHIP and the estimated amount of future medical rehabilitation. The payment for personal support workers and housekeeping are often awarded for dealing with injuries from these types of diving and swimming accidents.
Other damages include: equipment needs and assistive devices, and prescription medications.
Learn more about our specialty, Toronto Slip and Fall Accident Lawyers
Toronto diving and swimming accident lawyer explains compensation for a spinal cord injury
A Toronto diving and swimming accident lawyer knows the stats: diving is the fifth leading cause of spinal cord injuries. Unfortunately, these types of accidents are common and more often affect younger people who take these diving risks more, often as a cohort. The diving and swimming accident injury can leave the diver with a cervical spinal cord injury resulting in paraplegia or quadriplegia, and the need for enough compensation to last a lifetime.
Due to the traumatic nature of these injuries, a Toronto diving and swimming accident lawyer will tell you the detrimental financial effects can be substantial. Compensation is in line with how serious the injury is and the level of paralysis.
If the reason your injury happened was due to someone else’s negligence, then a Toronto diving and swimming accident lawyer will launch a civil lawsuit in the Ontario Superior Court of Justice seeking compensation – which can be a significant amount. While there is a cap on general damages at approximately $390,000, special damages can be in the millions depending on the circumstances of your case. Learn more about our specialty, Toronto Spinal Cord Injury Lawyers.
Call or email us now, to start your Toronto diving and swimming accident claim
Our Toronto diving and swimming accident lawyers understand how tragic it is when a quick swim or a dive into a shimmering pool on a hot day changes your life forever because someone else was negligent. While it’s difficult to sue your neighbour or the responsible party, it is a necessary action for us to take for you to ensure both your financial and physical future.
