When you fall at a place of business, such as at a pool, you could potentially sue. The circumstances of the fall and the damages you sustained will determine whether or not suing would be worth your time. If you think that you have a case, your first course of action should be to contact a slip and fall attorney. When you meet with your slip and fall attorney, he or she will ask you a variety of questions.
Were you injured?
Without a significant injury or damage, suing the pool where you fell will be difficult. When a person sues a business or individual, money is awarded for damages. Without damages, no money will be awarded. If you were injured or if damages were sustained, you will need to be able to show that the damages or injury was significant.
Medical records and receipts, information from the insurance company, X-rays, doctor's testimonies and other supporting medical information can be used as supporting documents. Lost wages and time away from work can also be considered and could increase the amount of money that you would be able to collect.
Where did you fall at the pool and what were the conditions like in the area where you fell?
Business owners have a responsibility to protect customers. This responsibility requires them to take reasonable action to install safety features and create safe conditions for customers. For example, suppose you fell near the edge of the pool. The attorney will want to know what the ground was like near the edge of the pool. Were you standing on concrete or tiles? If concrete, was it rough or smooth? Were there puddles of water? How deep were the puddles? If it was tiled, were the tiles large or small?
Some types of flooring are inappropriate for placement near a pool. In addition, pool owners have an obligation to provide drainage systems for excessive water buildup in the area around the pool. If the floor tile was too large or not made with a non-slip surface, if there were deep puddles, or if the concrete was completely smooth, you could have a case.
Why did you fall?
Your attorney will need to know why you fell and if it happened because you were breaking the rules. Were there signs that warned you against doing what you were doing? Were you running? Were you behaving in a way that was outside the normal expectations for people at the pool?
If your attorney determines that you were not at fault when you fell, if the pool was not meeting its obligation to keep you safe, and if you were injured or suffered damages, then you may be able to sue. Your slip and fall attorney will be able to advise you on next steps. Contact a firm like Putnam Lieb to get started.