If I suffered an injury due to faulty equipment at a public pool, do I have a case?

The risk management department wants to settle the claim.

Asked on August 6, 2014 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the equipment truly was faulty and caused or contributed to your injury, then you do likely have a case, either against the pool (negligence in maintenance or in using the equipment) and/or against manufacturers and installers (negligent manufacture or installation).

The question is, how badly were you hurt? If you sued and won, you could only receive damages equal to your out-of-pocket/unreimbursed medical expenses; lost wages, if any; and, for injuries resulting in significant impairment of life functions or enjoyment for several weeks or more, some amount of "pain and suffering." If--as we hope--you were not hurt badly, the amount of money you could receive is limited; accepting a voluntary settlement without going through the time and cost of a lawsuit may be best. On the other hand, if you suffered significant injuries or large medical bills, consult with a personal injury attorney before doing anything.


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