Lifeguard claims water damages

[MadMomma]

What is the name of your state? Ohio
My 15 year old son threw our pool's lifeguard in the water. The lifeguard had a fanny pack on containing some very pricey electronics and a cell phone. We know this boy and his mother. I called her and was told that the lifeguard was required to have a cell phone with him at all time, she did not have an explanation about why he had the othe gizmos with him. She further stated that he was going to camp the next day and required a cell phone while out of state. I replaced the cell phone. Two days later, the pool manager informed me that the lifeguard had been warned several times and that cell phones and other electronics were strictly forbidden on the pool deck. This is there company policy and condition of employment. The lifeguard was transferred to another pool for unrelated disciplinary issues. The lifeguard (and his mom)have entered a small claim against my son and I for the the replacement of the other gizmo and 17 days of lost wages; claiming that the lifeguard could not work as a result of my complaint. I never made a complaint.
The owner of the pool service has confirmed the company's policy of no electronics on the pool deck. I want to file a counter claim for the cost of the phone that was replaced under false pretenses and subpoena the lifeguard's personnell records and compnay policies.
I would appreciate any advice or guidance. Do I have a chance with the counter suit? If a employee ignores the policies of his company, does accept any accociated risk of his personal electronics falling in the pool? Oh, by-the-way, this same lifeguard dropped another phone in the pool 5 days earlier. Help.

 

[enjay]

I would appreciate any advice or guidance. Do I have a chance with the counter suit? If a employee ignores the policies of his company, does accept any accociated risk of his personal electronics falling in the pool? Oh, by-the-way, this same lifeguard dropped another phone in the pool 5 days earlier. Help.

I'm not a lawyer, but I can't see how your son is not responsible for replacing the lifeguard's electronical items. They were destroyed because of your son's actions, regardless of what the pool policy is. Pay for what your kid damaged.

The 17 days of lost wages claim will go nowhere.

 

[xylene]

malicious act, but your son is not liable?



If your son had splashed water on them while doing a cannonball or any of the normal things done at a pool, then I could see your point.

Your son threw them in the pool!

Pay up.

 

[MadMomma]

I appreciate your opinion.....

but, had the lifeguard complied with the rules and conditions of his employment, the electronics wouldn't have been there in the first place. Also, I did not share that this lifeguard was transferred to a multi-lifeguard assignment do to his inability to manage the responibilities of his job alone. He routinely "played" with my son while on duty. I didn't appreciat his mother lying to me and yes I felt obligated to replace the cell phone. The computer, I was told, was covered by warranty with a $100.00 fee. When I gave them the phone, I told them that there would need to be further discussion about replacing the computer.

 

[moburkes]

Your son was WRONG! Your son needs to be responsible for his actions. The lifeguard may not broken an agreement that he had between himself and his employer, but that does NOT negate your son's actions, and that is what you are misunderstanding. The employer will disclipline him however it sees fit to discipline him. However, your son is responsible for the damage that he caused. The warranty, I'm sure, is VOID since the computer was put into the water. If my computer broke, but I had a warranty, I would just go drop in the bathtub, if I expected to get a new one that easily. It doesn't work that way.

Replace the pricey electronics, before your son is sued. Your homeowners insurance might be an option, but may not be worth it.

 

[MadMomma]

Not missing the point....

I understand completely that what my son did was wrong. I maintain that the lifeguard risked damage to his electronics by virtue of having them on the pool deck. What about the responsibility of the the lifeguard to his employer and therefore the residents that pay pool fees. The lifeguard works for company that works for my condo association that I am paying for pool priviledges. Initially, I had no issue with replacing the cell phone ($400).

 

[moburkes]

Let me take this out of context for you. You are I were involved in an auto accident, and you were at fault. Forget the details, except one-I don't have a license, and I don't have insurance. You are still 100% at fault for the accident, even though I should not have been driving. I will be punished for what I did-but that punishment will not come from you.

Now, whomever hired him, they knew that he carried the prohibited items, and they never punished him. They let it continue, so are you now going to say that they should be responsible for paying too, since its now their fault as well? And by default, you as an property owner should be responsible because you didn't fire him either. That's NOT how it works.

And, by the way, the risk WOULD HAVE BEEN ALL HIS, had he done something to damage them. He didn't. Your son did.

 

[You Are Guilty]

I'm not a lawyer, but I can't see how your son is not responsible for replacing the lifeguard's electronical items. They were destroyed because of your son's actions, regardless of what the pool policy is. Pay for what your kid damaged.

The 17 days of lost wages claim will go nowhere.

100% legally correct, and it only took 4 minutes from the time of the original post. A new record!

 

[MadMomma]

Thanks for all of your replies....

I am still going to take my chances and file a counter claim. I've been is small claims court before and seen some pretty absurd things. I think that it will all depend on the magistrate/judge. Have a great day!:

 

[xylene]

I think that it will all depend on the magistrate/judge.

No.

No it won't "all depend on the magistrate / judge"

A counter-suit is NOT a defense.

Please lett us know how it goes.

X

 

[enjay]

100% legally correct, and it only took 4 minutes from the time of the original post. A new record!

Even a blind squirrel...

 

[acmb05]

I am still going to take my chances and file a counter claim. I've been is small claims court before and seen some pretty absurd things. I think that it will all depend on the magistrate/judge. Have a great day!:

LMMFAO