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Five potential defendants following a swimming pool injury or drowning accident in Las Vegas are:
In Las Vegas, NV hotel pool party lawsuits, the defendants with the deepest pockets and largest insurance company policies are likely the hotels themselves. Even if a hotel employee caused the hazard which injured the defendant, the hotel may still be liable. Under the legal principle of respondeat superior (vicarious liability), employers are responsible for their employees’ negligent acts (or omissions).1
In a swimming pool accident case in Nevada, the victim’s personal injury attorney would fight for such compensatory damages as:
If the victim died, his/her estate or family could bring a wrongful death claim to recover medical bills, funeral expenses and loss of support.2
Most cases resolve with a settlement rather than a verdict. But when a swimming pool personal injury case goes to trial, the judge can award punitive damages if the defendant acted in a deliberately malicious way.3
Under comparative negligence laws, swimming pool victims can still recover damages in a Nevada personal injury claim as long as they were 50% or less at fault. But their compensatory damages will be reduced in proportion to their fault. So someone who was 25% at fault will receive 25% less damages than he/she would otherwise.4
In an effort to maximize the settlement, a Las Vegas swimming pool accident attorney would fight to show that the victim’s percent of fault was zero.
Under Nevada law, the statute of limitations to sue for a swimming pool injury or drowning is typically two years after the incident.5 This sounds like plenty of time, but personal injury lawyers need as much time as possible to craft a winning defense. So victims should consult a law firm right away.
Have you or a loved one sustained a pool accident injury? Contact our experienced Las Vegas swimming pool accident lawyers to discuss your legal options.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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