Legal Question in Personal Injury in California
I was at an apartment complex when a 2 yr. old baby that I didn't know fell into their pool. He was not moving so I jumped into the shallow end to lift him out. Immediately afterwards, I couldn't walk so I went to the emergency room. They x-rayed it and found nothing broken so they referred me to an orthopedic surgeon. The results of the MRI are that I tore my ACL in my right knee. I went to a few weeks of physical therapy and began planning for surgery. I am unemployed and since that time my cobra insurance has expired so surgery and future p/t are all on hold. Could I get reimbursed for out of pocket expenses by the apartment complex's insurance policy? My old insurance company is now sending me paperwork saying they are going to pursue an investigation and possibly getting their money back. PS. Yes, the baby is now fine!
3 Answers from Attorneys
Congratulations on your heroic act and I am sorry you are having difficulties. If you would be so kind as to send along your name and address I will try and think of something.
I believe you could mount a case against the landlord, assuming that they failed to put a fence or similar precaution around the pool, but you would face a difficult challenge in overcoming an "assumption of the risk" defense. It's not the sort of case you could win without the help of an attorney, but your injury makes it worthwhile pursuing. If you'd like to talk it over in more detail, please contact me toll-free at (877) LION-FOR-LAW (546-6367)
Your best case would be against the parents of the child for negligently leaving their child at the pool, requiring you to rescue it.
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