How a Day at the Beach Can End in Paralysis
When you think about a day at the beach, fun and relaxation are probably the first thoughts that come to mind. From frolicking in the waves to an exciting ride on a watercraft, a trip to the beach can be an extremely enjoyable experience. Yet, for some beach goers, this day of fun can turn to tragedy when catastrophic injuries occur. Swimming and boating accidents can lead to paralysis and lifelong impairments. Tennessee’s picturesque lakes offer great opportunities for vacationers, but who is responsible when paralysis occurs?
Types of beach-related injuries
Numerous types of injuries can result from a day at the beach or lake, including:
- Diving injuries. Diving head-first into shallow water can lead to a broken neck. So can hitting one’s head against the rocks.
- Boating accidents. Improperly operated or poorly maintained vessels may become involved in an accident, causing injuries to those onboard. The most serious accidents can cause injury to the victim’s spinal cord.
- Recreational watercraft incidents. Proper operation and maintenance are also vitally important when riding watercraft vehicles, like jet skis. Accidents can cause paralyzing damage to the neck and back.
- Swimming accidents. Drowning and near-drowning incidents can deprive the brain of oxygen, also possibly leading to life-altering paralysis.
Determining responsibility and holding responsible parties accountable
In circumstances where a lifeguard is on duty, the theory of vicarious liability may place responsibility with the lifeguard’s employer. In these cases, it is necessary to prove a causal relationship between the actions, or inactions, of the lifeguard, and the resulting paralysis of the victim.
For boating and watercraft injuries, the vehicle operator may be liable if his or her actions caused an injurious accident. For example, a boater who operates the vessel while under the influence of alcohol may be held accountable for any injuries he causes on the water. The vehicle owner may also be held responsible if the craft was not reasonably maintained in working order.
Third parties may also be held accountable for actions that result in injury. For instance, if an individual jokingly pushes someone from a pier, causing her to hit her head on a post, the individual may be held responsible for the injury.
The state or locality may be even responsible for injuries to vacationers. This may be the case under circumstances where the state failed to take adequate safety measures or allowed unreasonably hazardous conditions to persist. These claims can be extremely challenging, since the state of Tennessee maintains specific laws and limitations for suing state and local entities.
If you were injured in a beaching accident, contact experienced Memphis personal injury attorneys to discuss the merits of your case. The lawyers of Bailey & Greer, PLLC pride themselves on providing quality legal representation to the residents of Memphis, Jackson, and West Tennessee. Call our office at 901-680-9777 or complete our contact form today.
As founder of Bailey & Greer, R. Sadler Bailey has battled his fair share of insurance giants and wrongdoers and has achieved numerous multimillion-dollar results for the victims of catastrophic injuries and their families. What’s more, he has been involved in more than 40 appellate court decisions affecting Tennessee personal injury law, including many landmark appearances before the Tennessee Supreme Court.
Read more about R. Sadler Bailey