Your own health insurance may be your only option.
In general, the municipality would have a duty to keep its public beach safe for swimming. But, there are inherent dangers in swimming, and people who use beaches are expected to look after their own safety. Were there “No lifeguard on duty” or "Swim at your own risk"
signs? If so, a court might reason that you or your child knew of the potential risks when swimming at that particular beach, but decided to do it anyway. The
contribution of your child’s actions would be weighed against the precautions the municipality took to safeguard swimmers in the determination of liability.
If there was a known dangerous condition at the beach (a sudden drop off) that had caused past drownings and the municipality knew about it, you may argue that the city was
negligent in not providing a lifeguard for the beach, or in keeping the beach open to the public.
As with any injury, obtaining an accurate police report can be a great help in proving the facts of your case. Police reports are often not admissible in civil lawsuits (lawsuits that do not involve crimes, e.g. a personal injury lawsuits); however, they provide a distinct advantage during settlement negotiations with the defense lawyers or insurance adjusters.
In this case, you could use a police report to show when the accident occurred, where it occurred and what the conditions were at the beach when your child was injured. Also, the responding officer may offer observations as to the cause of the accident and who was at fault. In your case, it may have been a dangerous condition in the water on that day – that information should be included in the police report. Another helpful aspect of a police report is that it should list any witnesses and contain their contact information. This will allow you (or your
attorney) to contact the witnesses for evidence to prove your case.
If you wonder whether you have a good lawsuit, ask an attorney for a
free opinion or contact an experienced
personal injury attorney near you.