How to Prove Lifeguard Negligence

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According to the National Safety Council, each year, there are over 7,000 drowning related fatalities throughout the United States. A person can drown in less than one minute, so even a few seconds of distraction or inattentiveness by a lifeguard can result in permanent injury or even death.

Victims of pool, beach, waterparks and aquatic center related accidents want the best lifeguard negligence accident attorney to represent them. Since 1999, Jed Dietrich, Esq., recognized as a Best Lawyer of America, has exclusively handled serious personal injury cases, including cases for people who were injured as a result of a lifeguard’s negligence. Insurance companies have paid Jed Dietrich, Esq. and his highly experienced, top rated and elite team of negligent lifeguard accident injury lawyers in excess of $175,000,000.00 in verdicts and settlements to compensate his clients for the serious personal injuries that they suffered because of someone else’s negligence. Call the Dietrich Law Firm P.C. today at 716-839-3939 for a free consultation if you were seriously injured as a result of a lifeguard’s negligence, a lifeguard’s delayed response time, or a lifeguard’s improper administration of first aid. We are available 24 hours per day and 7 days per week to speak with you about your potential claim!

Proving A Lifeguard Was Negligent

Lifeguard negligence can involve various factors and is not always completely obvious. A lifeguard can be negligent for acting in a way that a reasonable lifeguard would not have acted OR by failing to act in a way that a reasonable lifeguard would have acted in a similar situation. In cases of near-drowning or death, to show that the lifeguard was negligent, the victim must prove the following:

1. The lifeguard owed you a duty of care (every lifeguard owes a duty of care to protect those they are responsible for watching over);
2. The lifeguard breached his or her legal duty of care by acting negligently or failing to act;
3. The breach was a proximate cause or substantial factor in causing your injury; and
4. You suffered actual damages, such as injuries and monetary losses, as a result.

Proving that your, or a loved one’s, injury occurred as a result of a lifeguard’s negligence is a task that requires knowledge, skill and an aggressive, tenacious and hardworking mentality. This defines Jed Dietrich, Esq. and the top rated negligent lifeguard injury lawyers at the Dietrich Law Firm P.C.

The following evidence can be used to prove that a lifeguard was negligent:

1. Security camera footage: Any surveillance videos from the pool or beach can depict the overall atmosphere in the area of the accident as well as the attentiveness of the lifeguards. If the accident was caught on tape, it may show the exact cause of the injuries as well as the lifeguard’s response time, or lack thereof. Additionally, security camera footage of a lifeguard on a cellphone or a lifeguard who is not paying attention with a struggling patron in the water can be very influential in front of a jury.
2. Eyewitness accounts of the incident: Witnesses who may have seen the accident, such as swimmers and other lifeguards, can authenticate your story. Having more than one account of what happened can assist our team of lifeguard negligence accident attorneys to determine the most accurate timeline and series of events.
3. A written report of the incident: Incident or accident reports can help prove that the supervisor knew about your accident and injury. Additionally, police reports and other documents can help our team cross-reference facts and strengthen your case.
4. Depositions: A deposition is a series of questions by an attorney and answers by an individual, such as a party to the lawsuit or a witness, taken under oath. The Dietrich Law Firm P.C.’s experienced personal injury lawyers will conduct depositions concerning the incident that caused your injury from the negligent lifeguard, the negligent lifeguard’s supervisor, other on-duty lifeguards, guests of the pool and anyone else that may have factual information to help us prove the lifeguard’s negligence and your resulting injuries.
5. Accident investigators: Jed Dietrich, Esq. has access to world-renowned accident investigators who will work to reconstruct the scene of the accident to show how the lifeguard’s negligence, unreasonable actions or failure to act, led to your injuries.
6. Expert witnesses: The Dietrich Law Firm P.C. also enlists the assistance of industry-leading experts who can verify that the lifeguard failed his or her duty to protect you and medical experts that will show that your injuries resulted from the lifeguard’s negligence. If your case should go to trial, our expert witness can effectively articulate to members of the jury and explain why the lifeguard should be held responsible.
7. Pool or beach records: We will examine the history of lifeguards, supervisors and the facility to uncover any similar claims that were filed and evaluate their response to safety concerns.

If you, or a loved one, suffered injuries in a serious water-related incident, contact Jed Dietrich, Esq. and his top rated team of negligent lifeguard accident injury lawyers today at 716-839-3939. Jed Dietrich, Esq. has been recognized as an American Institute of Trial Lawyers Litigator of the Year and he is dedicated to providing the highest level of personal injury service to the people who are injured because of a lifeguard’s negligence. The Dietrich Law Firm P.C. will treat you with respect and compassion, and we are here to help you through this difficult time. Contact us today.

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Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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