Who is liable if my son was cut to the bone on the diving board at the public pool?

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Who is liable if my son was cut to the bone on the diving board at the public pool?

Asked on July 1, 2013 under Personal Injury, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The city in which the pool is located is liable for your son's injury.  Contact the city's claims department to file a personal injury claim on behalf of your son.

When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his treatment where no further improvement is anticipated, obtain your son's medical bills and medical reports.  Your son's personal injury claim filed with the city's insurance carrier (the city is probably self-insured) should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.

If the case is settled with the city's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit against the city for negligence.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son if your son is a minor because a minor cannot file a lawsuit himself.  Check with the city's claims department about any requirements prior to filing a lawsuit.  The city probably has a claims procedure which must be filed prior to filing a lawsuit.  Once the claim is denied, then you file a lawsuit.  Don't miss any filing deadlines pertaining to filing the claim against the city; otherwise, you may not be able to file the lawsuit.

If the case is NOT settled, you must file the lawsuit on behalf of your son prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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