Can You Sue the Municipality if a Lifeguard Doesn’t Protect Your Child at the Beach in Louisiana?
Just because summer is almost over, that doesn’t mean there isn’t still time to go to the beach. Louisian has some of the nicest beaches around. You can pack up your family and head out for a lazy afternoon or even a long vacation. Most beaches – especially public beaches – have lifeguards. This way, you can rest assured that your kids will be safe while swimming. You don’t want to have to watch them every second when you’re trying to have a good time. Sadly, you can’t always count on a trained lifeguard to keep them safe.
Every year, hundreds of people get hurt while swimming on the Louisiana beaches. Part of this is because they ack recklessly or don’t follow the rules. However, there are often times when a lifeguard simply doesn’t do their job. If this happens to you and your child is hurt, you need to call an experienced personal injury lawyer in Lake Charles. They can review your case and let you know if the lifeguard was negligent. And, if they were, you may have a potential legal claim against the municipality.
The only way to know for sure is to call and talk to one of our expert attorneys right away. Once you know that your child is out of the woods, your next concern should be taking legal action. You shouldn’t have to bear the expense of things like hospital bills. And, if your loved one is left permanently disabled or even passes away from their beach accident, you may be entitled to compensation.
How Can Your Lake Charles Accident Lawyer Prove a Lifeguard Was Negligent?
In order for you to have a potential claim for damages, you need to be able to prove the lifeguard was negligent. Your Lake Charles personal injury lawyer can do this in a variety of ways. It really comes down to the particulars of your case. Generally speaking, in order to prove negligence, your lawyer will have to prove the following four (4) things:
- The lifeguard owed your loved one a duty of care – this is not difficult to prove. By their very nature, lifeguards owe beachgoers a duty of care. They need to everything in their power to keep you safe. They also need to follow the rules and protocols put in place by the beach owner or city.
- They must have breached their duty of care – This is the hardest part for your Louisiana injury lawyer to prove. They need to demonstrate that the lifeguard did something that a reasonable lifeguard would not have done.
- You were injured – It is not enough that you encountered a problem at the beach. You need to show that you were actually hurt. That’s why your attorney recommends that you go to the hospital immediately after your incident.
- Your injuries were caused by the lifeguard’s breach of care – You do have to show that your injuries were actually caused by the lifeguard’s breach. For example, if you got into an accident on the way to the hospital, the beach owner may not be liable for those injuries. Your attorney would have to prove that an accident on the ambulance was foreseeable.
As long as your Lake Charles accident lawyer can prove all of these things, you may have a claim for damages.
Who Would Be Liable for Damages?
There may be more than one party responsible for your damages. Your Louisiana personal injury lawyer will name all potential defendants in your lawsuit. For example, you may have a claim against the lifeguard individually. Or, you may have to sue the beach owner. If this happens to be the city, town or municipality, then you’ll need to name them in the suit as well. The goal is to get compensation for your injuries. You don’t necessarily care where this comes from.
Call and Talk to an Expert Personal Injury Lawyer in Lake Charles Right Away
If your loved one is injured while at the beach in Louisiana, you may be entitled to compensation. Lifeguards have a duty to keep you and the other beachgoers safe. If they fail to do this, they may be liable for your injuries. Call today and schedule your free initial consultation. Choose a date and time that works for you and you can sit down with one of our skilled personal injury lawyers in Louisiana. The consultation is free nad you don’t pay a dime until you win or settle your case.