Lifeguarding: Head, Neck, and Spinal Injuries in the Water
When you or a loved one suffers a head, neck, or spinal cord injury while swimming, it can turn a carefree day at the beach or pool into a nightmare. These injuries are not only physically devastating but emotionally and financially draining as well. If you’re in California and wondering whether a lifeguard’s error might have played a role in such an injury, you’re not alone. Sometimes, lifeguarding errors actually cause your injuries or worsen them. When that occurs, having a skilled personal injury attorney by your side can make all the difference.
The Hidden Dangers of Water-Related Injuries
Water activities are a beloved part of California life. From the sun-soaked beaches of San Diego to the crystal-clear lakes of Tahoe, our state offers endless opportunities for water sports and fun. But lurking beneath the surface are risks that can change lives instantly.
Head, neck, and spinal injuries in the water are particularly treacherous. A seemingly harmless dive into shallow water or a powerful wave can have life-altering consequences. These injuries often lead to paralysis, chronic pain, or even death. The devastation to victims and their families is immeasurable.
Understanding Lifeguard Responsibilities
Lifeguards are trained to prevent accidents and respond swiftly when emergencies arise. But what happens when they fall short of their duties?
In California, lifeguards are held to high standards. The California Health and Safety Code Section 116033 outlines specific requirements for public pool safety, including proper lifeguard staffing and training. Moreover, the California Code of Regulations, Title 22, Division 4, Chapter 20, Article 3, sets forth detailed standards for lifeguard certification and performance.
These laws exist to protect you and your loved ones. When lifeguards fail to meet these standards, the consequences can be catastrophic.
Types of Head, Neck, and Spinal Injuries from Lifeguarding Negligence
Lifeguarding negligence can lead to a wide range of devastating head, neck, and spinal injuries. Understanding these injuries can help you recognize the severity of your situation and underscore the importance of proper safety measures.
Traumatic Brain Injuries (TBI)
TBIs can occur when a swimmer hits their head on a pool bottom, diving board, or other hard surface. They can also result from near-drowning incidents where the brain is deprived of oxygen. TBIs range from mild concussions to severe injuries causing permanent cognitive impairment.
Spine Injuries
The spine and neck region are particularly vulnerable in water-related accidents. Improper diving techniques or collisions can lead to various spinal injuries, including whiplash, fractures, and herniated discs. These injuries can cause chronic pain, limited mobility, and, in severe cases, paralysis.
Skull Fractures
Direct impacts to the head can cause skull fractures, which may be linear, depressed, or comminuted (multiple fragments). These injuries can lead to brain damage, cerebrospinal fluid leaks, or intracranial bleeding.
Near-Drowning Injuries
When a lifeguard fails to respond quickly to a drowning victim, even if the person is resuscitated, they may suffer from brain damage and aspiration pneumonia. These injuries can be life-threatening and result in permanent disabilities.
Lifeguards are trained to prevent these types of injuries through vigilant supervision and to respond appropriately when accidents occur. When they fail to meet the standard of care expected of them, the results can be catastrophic.
If you or a loved one has suffered any of these injuries due to suspected lifeguard negligence, it’s crucial to seek both medical and legal help promptly. An experienced attorney can help you understand if the injury could have been prevented and what your options are for seeking compensation and justice.
Who is To Blame: Potential Negligence
It’s crucial to understand that not every water-related injury is the result of lifeguard negligence. Sometimes, accidents happen despite everyone’s best efforts. However, there are situations where a lifeguard’s actions (or lack thereof) might have contributed to an injury:
- Inadequate supervision: Was the lifeguard distracted or not actively monitoring the area?
- Delayed response: Did it take too long for the lifeguard to notice and react to an emergency?
- Improper rescue techniques: Were appropriate methods used to assist the injured person?
- Insufficient training: Was the lifeguard properly certified and up-to-date on current safety protocols?
- Failure to warn: Were swimmers adequately informed about potential dangers, such as shallow areas or strong currents?
If you suspect any of these factors played a role in your injury, it’s vital to seek legal counsel promptly.
An experienced personal injury law firm can gather evidence, interview witnesses, and consult experts to determine if negligence played a role in your injury. Insurers often try to minimize payouts, especially when someone else’s negligence is a factor. Your personal injury lawyer can negotiate on your behalf to ensure you receive fair compensation.
Unfortunately, head, neck, and spinal injuries often require ongoing medical care and rehabilitation. You will need a California personal injury attorney who can help estimate future expenses to ensure your settlement covers all your needs.
Contact Our California Personal Injury Law Firm Today
If you or someone you love suffered an injury due to lifeguarding negligence, we can help. Our California personal injury lawyers can help you recover the money you need to pay for medical bills, lost wages, and pain and suffering. Simply call our perosnal injury law firm in Inland Empire at (909) 890-1000 or fill out our confidential contact form today.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.