Lifeguard Negligence

Jed Dietrich, Esq. and his top rated team of aggressive, tenacious and hardworking negligent lifeguard injury lawyers in Buffalo, New York hold negligent lifeguards accountable for injuries to people who are hurt at pools, beaches, waterparks and aquatic centers.

Expert testimony assists in proving the liability and severity of injuries to a person who has drowned or nearly drowned. Expert testimony occurs when a highly qualified individual provides information about a subject that they are exceptionally familiar with.

Jed Dietrich, Esq. maintains a personal and a professional relationship with Jerome Modell M.D., D.Sc. (Hon.). Dr. Modell is the preeminent medical doctor from Gainesville, Florida who has an extensive educational background in the area of the analysis of the effects of drownings and near drownings on the human body.

Dr. Modell has authored and co-authored multiple published medical textbooks, including “The Pathophysiology and Treatment of Drowning and Near-Drowning.” Dr. Modell has worked closely with Jed Dietrich, Esq. and our Buffalo, New York lifeguard negligence lawyers in the past, including a case that Jed Dietrich, Esq. settled for $7,000,000.

The case in question concerned a 37-year-old woman who was swimming at a public pool in 2009. She was with her family when tragedy struck. One minute she was swimming laps for exercise and the next minute her son was pulling her lifeless body out of the water.

911 was called and her son administered CPR as best as he could until the paramedics arrived. Although the woman survived, she went into cardiac arrest, had a stroke and was in a coma. She was later diagnosed with a permanent brain injury and a loss of the use of the right side of her body. She also suffered injuries that have impaired her ability to think, speak and walk.

The horrific and permanent injuries that she sustained could have been prevented had the lifeguards on duty been paying attention and properly trained to react to the situation at hand.

The top-rated Buffalo, New York lifeguard negligence lawyers at the Dietrich Law Firm P.C. are experienced in conducting the investigations necessary to obtain the best settlement and the best result after a drowning or near-drowning incident in Buffalo, New York.

Jed Dietrich, Esq. also has a close professional relationship with Jeff Ellis of Jeff Ellis & Associates, Inc.

Jeff Ellis is the preeminent lifeguard trainer and risk management consultant in the United States and perhaps the world.

Jeff Ellis and his staff have trained the Disney lifeguards and lifeguards of many of the top pools and aquatic facilities in the United States. Jeff Ellis & Associates, Inc. serve over 600 organizations in over 1,200 aquatic facilities on 4 continents. Jeff Ellis & Associates, Inc. has worked with Darien Lake Amusement Park and Water Park.

Jed Dietrich, Esq. retained Jeff Ellis to come to Buffalo to perform a site inspection of a pool where there was a near drowning and to prepare an expert report delineating the following:

1. The measurements of the pool and the distance to the lifeguard towers;
2. The reaction times that were reasonable under the circumstances of a near drowning;
3. The first aid that was not provided in a near drowning;
4. The negligence of the lifeguards;
5. The negligence of the lifeguard supervisors; and
6. The cause of the near drowning and the consequences thereof.

Ultimately, after retaining Dr. Jerome Modell and Mr. Jeff Ellis, the City of Buffalo and the Court of Erie County agreed to settle the claim for $7,000,000.

New York is blessed to have many natural bodies of water, pools, beaches and waterparks. Whether you go to swim or relax by the pool or on a beach, you open yourself to the risk of drowning.  

Between 2007 and 2016 there were more than 3,500 unintentional drowning deaths in the United States. There were an additional 7,700 non-fatal injuries. About one-third of all drowning deaths in the United States occurred with a lifeguard on duty. Many of these drownings occurred in only 20 to 60 seconds.

Distracted lifeguards should be held accountable for drownings. Contact Jed Dietrich, Esq. and his team of top-rated lawyers now to fight for you as a result of a lifeguard’s negligent actions or inaction.

A lifeguard has the duty to rescue people from drowning and to prevent other accidents from happening. They are tasked with your overall safety and must be certified after meeting stringent qualifications. When a lifeguard fails to act reasonably, life-threatening injuries or deaths can occur.

A lifeguard’s negligence can cause injuries and deaths when he or she:

1. Is not properly trained to rescue distressed victims;
2. Is not properly trained to perform life-saving techniques such as CPR or first aid;
3. Is not properly watching patrons of the pool or beach;
4. Fails to have the tools necessary for the job, which include floatation devices and first-aid kits;
5. Comes to work tired or unprepared thereby neglecting their duties;
6. Takes unauthorized breaks;
7. Fails to give warning for hazardous pool conditions;
8. Fails to guard the swimming facility and surrounding area from dangerous activities;
9. Fails to conduct surveillance; or
10. Fails to enforce pool rules.

Sometimes, a lifeguard’s negligence involves poor judgment such as failing to warn against running on a slippery walkway or being inattentive while chatting with a friend. Any behavior falling within these parameters can lead to a tragedy.

Aside from the lifeguard directly, other parties who play a part in assuring the safety of visitors may be held liable. These parties may include but are not limited to:

1. The pool manager;
2. The pool owner;
3. Fellow lifeguards; and
4. The training supervisor.

The liability of each party depends on the particular circumstances of each case. It is important to contact Jed Dietrich, Esq. and his team at the Dietrich Law Firm P.C. as soon as possible at 716-839-3939. We are top-rated negligent lifeguard lawyers in Buffalo, New York to determine who will be held liable.

A negligent lifeguard and his or her employer will be responsible for the payment of the following:

1. Medical expenses from the injuries;
2. Past pain and suffering (physical and mental) caused by the injuries, including the treatment and the recovery process;
3. Future pain and suffering (physical and mental) caused by the injuries, including the future treatment and the recovery process;
4. Mental anguish;
5. Wage loss; and
6. Funeral expenses for a loved one.

If a negligent lifeguard has caused injury to you or a loved one, contact us now at 716-839-3939. You may have a claim that must be filed quickly. There are strict time limits applicable to bring negligence claims.

Do not delay or hesitate to contact the Dietrich Law Firm P.C. We know and understand how to fight for you when a negligent lifeguard causes an injury to you. We will assess the facts of your case and walk you through the process to set your mind at ease.

We have the skills, the knowledge and the resources necessary to build a strong case for you. Let our top-rated lifeguard negligence lawyers in Buffalo, New York at the Dietrich Law Firm P.C. fight for you to get the compensation that you deserve.

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!