Is Your Chumba Pool Lawsuit Worth Fighting?
The Chumba Casino lawsuit is the newest of the wrongful death lawsuits that have been filed. This suit has claims that the casino negligently allowed people to drown in their swimming pools and failed to warn the public about the dangers of the pool. The lawsuit also alleges that the Chumba Corporation knew about the danger posed by the pool but failed to fix it.
One of the allegations in the Chumba lawsuit is that the casino company knowingly exposed its customers to the potential of a tragedy. The lawsuit claims that the casino built a pool that was dangerous to the elderly and young people who swam in it. The lawsuit is asserting that the elderly and young people who used the pool were less likely to survive an accident and the lack of adult supervision contributed to the tragedy.
Another claim made by the Chumba lawsuit is that the casino did not place warning signs around the pool that informing patrons that it was too dangerous to use. The lawsuit alleges that the pool was not tested for the presence of disease, such as hepatitis B, and other infectious agents before the pool was installed. The pool was also not equipped with a chemical detector.
The Chumba Pool deaths prompted a California Health Department investigation. The agency concluded that there were inadequate controls at the building to prevent drowning. The agency also found that the casino did not install or maintain a water-supply system that could be used for overnights. The water in the pool was also drained frequently and on the weekend.
Negligence, according to the law, can include any act or omission which the injured party could have prevented. A plaintiff needs to prove that the defendant was negligent. In order to win a negligence case, the plaintiff must prove all of the following: actual knowledge of the danger, negligence, and failure to act. Other factors that can be used to prove negligence are the defendant’s degree of care, the nature of the defendant’s duty, and the seriousness of the risk.
During the course of the Chumba lawsuit, the company has settled. In March, the company agreed to pay an undisclosed amount of money to settle the case. The settlement, however, was only an admission of liability by the company. Although the suit was settled, the company maintains that it was only negligent in failing to warn the public about the dangers of the pool.
When deciding whether to settle or continue with a lawsuit, the defendant’s goal is to minimize the financial expense of defending the case while protecting itself against a suit that the defendant believes is without merit. In most cases, defendants choose to settle. If a defendant chooses to fight a case to the end, the cost of defending the case will be more than the settlement amount and the cost of a trial will be prohibitive.
For plaintiffs who have been injured by Chumba Pool accidents, plaintiffs should consult with a personal injury attorney to learn about their options for legal action. If you have been injured due to a faulty pool product, then you have grounds to file a negligence claim.