Shattered Spine After Jumping Into an Empty Pool...
by Andy (Dubai, UAE)
My wife jumped into the shared pool at about 2:30am when both the pool lights and the garden lights were off and it just so happened that the pool had been emptied. This is the first time the pool was emptied in the previous five years. No one informed the tenants verbally or in writing that the pool would be out of use. The pool was not cordoned off in any way.
My wife sustained injuries that the doctor has described as "shattered portion of the spine." They then discovered that she has also suffered a Prolapsed Uterus which may have to be removed. The Doctor also stated that she was extremely lucky not to be a Paraplegic as the injury was very severe, however as of this time she seems to have mobility in all extremities.
She had had some drinks in the house prior to the incident but seemed compos mentis in the hospital some 2-3 hours later. She is 35 years old with two children and was not ruling out more children. I would like to negotiate directly with the landlord or owner as filing a personal injury claim in the United Arab Emirates will involve the police, and they had had me sign a paper in Arabic that says we will not file a case.
What should I be looking for in compensation? Thanks for any info you can give.
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ANSWER for "Shattered Spine After Jumping Into an Empty Pool...":
The United Arab Emirates is a long way from the United States. We can certainly discus the manner in which Insurance companies based in the United States would deal with your case, but it could be a whole different story in the UAE.
Based on the facts you present it is very difficult if not impossible to properly advise you on the amount of compensation your wife should seek.
You mention that the pool was “shared”. Does the pool then belong to both you and your neighbor? If so it would have been incumbent upon your wife to have had at least some constructive notice the pool had been emptied. Together with her ingestion of alcohol, whatever the amount, would certainly include a consideration of contributory negligence.
Under normal circumstances a good starting point to determine compensation would be 3 times medical bills. With the facts you have presented settling for that amount would certainly be an excellent settlement.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.