Author: JGL Law

The internet is abuzz with the recent “Kiss Cam” controversy involving the former CEO of the data company Astronomer at a Coldplay concert. A seemingly innocent moment turned into a viral sensation, leading to widespread speculation about an alleged affair and ultimately, the CEO’s resignation.

While the public fascination with celebrity and scandal is nothing new, this incident offers a potent reminder for our Maryland family law clients about how quickly private lives can become public, and the significant impact such exposure can have on divorce, custody, and support cases.

The Anatomy of a Public Scandal

The Astronomer CEO, reportedly married, was captured on a kiss cam at a Coldplay concert with a colleague. The video quickly went viral, fueling rumors of infidelity and drawing intense public scrutiny. Within days, the CEO was placed on leave and subsequently resigned. This dramatic fallout highlights several key takeaways that resonate deeply within the realm of Maryland family law.

Adultery in Maryland: More Than Just a “Kiss”

In Maryland, adultery is no longer a ground for divorce, and while proving adultery is now largely behind us, the concept of “adultery,” including demonstrating both “disposition” (the inclination or desire for an extramarital relationship) and “opportunity” (the chance to engage in such a relationship), remains relevant. For this reason, public displays of affection, like the kiss cam incident, can be powerful evidence of “disposition.” While a single kiss on a jumbotron might not be enough on its own to prove adultery, when combined with other factors – such as a pattern of secretive behavior, shared travel, or communications – it can paint a compelling picture for the court as to the cause of the downfall of a marriage.

What Does the Kiss-Cam Mean for You?

• Social Media and Public Behavior Matter: What you do and say in public, including what is captured on social media, can absolutely be used as evidence in a family law case. Even if you believe something is private, in today’s digital age, it often isn’t.
• Proof Is Key: If you are alleging adultery as a reason for the downfall of your marriage and therefore a reason for favorable monetary award, you will need to present compelling evidence. This doesn’t necessarily mean hiring a private investigator to catch someone in the act, but gathering circumstantial evidence demonstrating both disposition and opportunity can be key. This can include texts, emails, travel records, and, yes, even viral videos.

Child Custody: The “Best Interests of the Child” Reigns Supreme

While adultery itself does not automatically impact child custody in Maryland, the broader conduct surrounding an affair or public scandal can certainly be relevant. Maryland courts always prioritize the “best interests of the child” when making custody decisions.

Here’s how a public scandal could factor in:

• Parental Judgment and Stability: The court may consider a parent’s judgment and stability. If a public scandal creates significant instability in a parent’s life, impacts their mental health, or exposes children to undue public scrutiny or emotional distress, it could influence custody arrangements.
• Exposure to Inappropriate Behavior: While not a direct link to the “kiss cam,” if the alleged affair involved exposing the children to the affair partner or an unstable environment, it could be a concern for the court.
• Financial Impact: As seen in the Astronomer case, public scandals can lead to job loss or significant financial repercussions. This could directly impact a parent’s ability to provide for their children, which is a factor in child support and potentially custody.

It’s crucial to understand that simply being involved in a public controversy doesn’t automatically disqualify a parent from custody. However, the court will evaluate how such events impact the child’s overall well-being and stability in conjunction with the totality of circumstances in your specific case.

The Emotional Toll and Protecting Yourself

Beyond the legal implications, the Astronomer CEO controversy underscores the immense emotional distress that can arise when private matters become public spectacles. For individuals navigating a divorce or custody dispute, the added pressure of public scrutiny can be overwhelming.

The Takeaway for Maryland Families

The Astronomer CEO’s Coldplay Kiss Cam controversy serves as a stark reminder: in our interconnected world, private indiscretions can quickly spiral into public crises with profound personal and legal consequences. For anyone in Maryland facing family law matters, especially those involving allegations of infidelity or other sensitive issues, it’s more important than ever to do the following:

• Be Mindful of Your Digital Footprint: Assume anything you post, say, or are captured doing in public could become evidence.
• Seek Experienced Legal Counsel Early: If you believe your spouse has been unfaithful, or if you are concerned about how your own actions might impact your family law case, consult with a Maryland family law attorney immediately. I can help you understand your rights, gather appropriate evidence, and develop a strategy to protect your interests.
• Prioritize Your Child(ren)’s Well-being: In any family law matter, the focus should remain on the child(ren). Work with your attorney to minimize their exposure to conflict and ensure their stability.

While the “Kiss Cam” incident might be fodder for internet memes, for those involved in Maryland family law, it’s a serious lesson in the intersection of personal conduct, public perception, and legal repercussions. Understanding this is key, so call to discuss in more depth.

When it comes to divorce, dividing assets can be tricky, and retirement accounts are often the most complex (and valuable) piece of the puzzle. In this episode of JGL LAW FOR YOU, host David Bulitt sits down with family law attorney Christopher Castellano to demystify the many types of retirement benefits, from 401(k)s and pensions to IRAs and annuities. Together, they break down what counts as marital versus non-marital assets, how courts handle present vs. future value, and how survivor benefits and prenuptial agreements impact retirement divisions. Whether you’re considering divorce or already navigating the process, this episode delivers the essential insights you need to understand what you’re entitled to when it comes to dividing retirement assets.

Family law attorney David Bulitt, along with his wife and therapist Julie Bulitt, appeared on Fox 5 DC’s “Good Day DC” on July 22, 2025, to share their insights on one of the most talked-about celebrity headlines: the recent Coldplay cheating scandal.

David explained that infidelity is often a symptom, not the root, of deeper relationship issues. The conversation explored whether couples can truly rebuild trust after betrayal, and what steps are necessary for healing and reconciliation.

To learn more, watch the full interview “Can a couple recover from cheating?”

In an article published by The Anti-Fraud (TAF) Coalition on July 18, 2025, Gia Grimm discusses why individuals who uncover fraud should contact a qui tam lawyer rather than calling a fraud hotline that reports directly to the Government. 

Gia explains that while your first instinct may be to report fraud through government-run hotlines doing so could mean forfeiting your right to a relator share—a financial award available to whistleblowers under the False Claims Act. If the government acts on your tip before you’ve filed a proper qui tam lawsuit, you may lose any chance at compensation. By contrast, a qui tam lawyer can guide you through the proper legal channels, potentially helping you secure a reward of 15–30% of the government’s total recovery.

Gia also discusses other advantages of working with a qui tam lawyer, including preserving evidence to strengthen your case, selecting the appropriate legal forum, and maximizing protections against retaliation for reporting fraud.

Read “Why Whistleblowers Should Call a Qui Tam Lawyer, Not a Hotline” for more information.

In an article published in The Daily Record on July 16, 2025, Jay Holland was quoted about the firm’s success in an age discrimination case involving a former employee of the Washington, D.C., Homeland Security and Emergency Management Agency (HSEMA).

The firm’s client worked at HSEMA for 33 years and was fired five weeks before she would have earned her retirement benefits, one of which was lifetime health care. She never received a single negative performance review until 2021, when she was fired.

“They gave her no warning, no write-up, no performance improvement plan,” Jay stated. “They said ‘you could either retire, or you’re fired.’”

A federal jury found that HSEMA discriminated against the firm’s client because of her age and awarded $525,000 in back pay.

“This should put on notice to employers that they cannot simply decide to get rid of older employees and replace them with younger ones to change the culture or vibe of the workplace,” Jay said.

In addition to Jay, the JGL trial team included attorneys Michal Shinnar and Caralea Grant.

Read the article “Washington, D.C., employee awarded $525,000 for age-based firing.” (PDF)

Read the firm’s press release for more information about the age discrimination case.

Devoted Employee Terminated Unlawfully Following 33 Years of Service, Five Weeks Short of Receiving Retirement Benefits

On July 11, 2025, a federal jury awarded Patrice White $525,000 after finding that the Washington, D.C. Homeland Security and Emergency Management Agency (HSEMA) discriminated against her because of her age when they fired her.

Ms. White had worked for HSEMA for 33 years, where she devoted herself to ensuring the safety of Washington, D.C. residents and infrastructure during disasters, such as flooding and storms. She started at an entry level position and worked her way up, receiving high performance ratings year after year, and numerous promotions, ultimately being promoted to Bureau Chief.

However, in 2021, HSEMA fired Ms. White abruptly, citing that her supervisor had given her a lower annual performance review, the first she had ever received in her 33-year career.

Ms. White believed the real reason she was fired was age discrimination based upon numerous facts. She was aware that at least one other older employee was pushed to retire. A human resources employee had also engaged with Ms. White about retiring, at which time in the employee’s hands was a handwritten note that read “59 years old; eligible to retire; options (retreat or termination); retirement incentive.” She was just five weeks away from vesting in her retirement benefits when HSEMA terminated Ms. White, benefits that would have given her health insurance for the rest of her life. After her termination, HSEMA hired a much younger, far less experienced employee to replace Ms. White.

“We are immensely proud of Ms. White for standing up to this discrimination and winning this important jury verdict for herself,” said her attorney Jay Holland, partner of Joseph Greenwald & Laake, PA. Michal Shinnar, Senior Counsel and part of the JGL legal team added, “The Age Discrimination in Employment Act (ADEA) prohibits employers from assuming older employees should retire and from firing employees due to age discrimination.” The JGL legal team also included Caralea Grant.

In an article published in Law360 on July 8, 2025, Drew LaFramboise examined the complex forensic issues involved in lithium-ion battery fire and explosion cases.

Drew states that lawsuits involving these types of fires often center on whether the battery was defective due to a design or manufacturing flaw or if the combustion was caused by some other external factor, such as misuse of the product by the consumer or end user. He explained that resolving this issue requires “a careful forensic examination of the battery and the circumstances surrounding the combustion.”

In the article, Drew highlights the importance of understanding thermal runaway, a chain reaction within the battery initiated by a short circuit that causes a sharp and uncontrolled rise in temperature, destabilizing the battery’s inner structures. Environmental factors like extreme temperatures or moisture, as well as physical damage such as denting or puncturing, can increase the risk of such failures.

Most lithium-ion batteries are manufactured overseas, primarily in China and this can present litigation challenges because safety and quality controls can be inconsistent. Drew states that litigation arising from these fires can be long and costly, emphasizing the need for attorneys on both sides to promptly conduct forensic investigations to fully understand the causes of failure.

Read the full article “Forensic Challenges In Lithium-Ion Battery Fire Cases” (PDF)

Key Takeaways

• The Maryland Supreme Court ruled that general damages—not specific performance—are the appropriate remedy when an investor is denied the right to purchase LLC membership interests, unless the investor proves they are ready, willing and able to invest on the same terms as the founders.
• The Court held that general damages must be calculated using fair market value, not fair value, at the time of breach minus the price the investor would have paid.
• JGL’s client avoided transferring a one-third ownership stake in their multi-million dollar nationally franchised indoor play company and saw damage awards reduced from $1.25 million to $1.
• The ruling provides crucial protection for Maryland businesses facing investment contract disputes and clarifies a significant 2012 Maryland Supreme Court decision.

Background

An investor who was denied a contractual right to purchase membership interests in two companies formed by JGL’s client, Maryland Indoor Play, LLC (MIP)—a nationally franchised indoor play company—sued for breach of contract. The investor claimed rights to purchase ownership stakes in what had become a multi-million-dollar franchise operation with locations across multiple states.

The Circuit Court for Howard County awarded the investor specific performance for one of the membership interests and compensatory damages of approximately $1.25 million for the other investment opportunity, plus $440,000 in attorney fees and costs. The Appellate Court of Maryland upheld these decisions, creating total exposure of over $2.5 million for JGL’s client, plus the forced transfer of a one-third ownership stake.

The Ruling

In Maryland Indoor Play, LLC v. Snowden Investment LLC, the Supreme Court of Maryland issued a landmark decision that fundamentally changed how courts handle breach of contract cases involving LLC membership interests. JGL principal Roy Niedermayer, who represented Maryland Indoor Play, LLC and its individual members through both trial and appellate levels, secured this complete victory from the state’s highest court.

The Supreme Court reversed the specific performance order, ruling that investors seeking forced ownership transfers must meet a higher burden of proof—demonstrating they are “ready, willing and able” to invest on the same terms as founders. The Court also established that damage calculations must use fair market value methodology rather than fair value approaches, potentially reducing awards significantly in similar cases.

The decision clarifies and reaffirms Maryland’s approach to investment contract disputes while providing businesses with stronger protections against frivolous ownership claims.

Conclusion

This precedent-setting victory saved JGL’s client from a devastating multi-million-dollar judgment while establishing crucial legal protections for Maryland’s business community. The ruling reversed the specific performance order requiring transfer of valuable franchise ownership, vacated the $1.25 million damage award, and eliminated the $440,000 attorney fee judgment—reducing the total judgment to just $1.

The decision provides essential guidance for franchise owners, LLC members, and business investors structuring membership interest agreements, while strengthening Maryland’s business-friendly legal environment for investment disputes.

View the decision here (PDF)

In recent years, one of the most notable trends in family law has been the rise of “gray divorces,” or divorces for couples over the age of 50.

Sometimes also referred to as “silver divorces” or “silver splitters,” a gray divorce is marked by parties who are older (as young as 50) who decide to divorce. While divorce at any stage of life can be emotionally and financially challenging, gray divorce presents a unique set of legal and personal considerations, especially under Maryland law.

As an experienced Maryland family law attorney, I’ve helped many older individuals navigate the complexities of divorce later in life. Whether you’re contemplating separation or already facing proceedings, understanding the key issues surrounding gray divorce can help you make more informed, confident decisions.

Are Gray Divorces Increasing?

From 1990 to 2019, the rate of divorces that involved couples aged 50 or older grew from 8.7% to 36%. (Brown, S.L., & Lin, I., Journals of Gerontology: Social Sciences, Vol. 77, No. 9, 2022). Factors for the increases include the following:

• Greater access to divorce, including cost and lessened grounds
• Longer lifespans of clients, thus a greater emphasis on personal fulfillment
• Empty nest syndrome after children leave home
• Changing social norms that make divorce more acceptable

Key Legal Considerations in a Maryland Gray Divorce

1. Division of Retirement Assets

Retirement accounts are often among the most significant marital assets in a gray divorce. In Maryland, retirement accounts accumulated during the marriage are considered marital property, even if the account is in only one spouse’s name.

• Eligible Domestic Relations Orders (EDROs) may be necessary for retirement accounts, including pensions, 401(k)s, or other plans.
• The DMV region generally requires an increased focus on government and/or military retirement benefits, so careful consideration should be given to the valuation of said assets.

2. Spousal Support (Alimony)

The length of a marriage is a significant factor when considering whether or not alimony should be afforded in a divorce case. While there are many statutory factors that the Maryland courts consider, some include:

• The duration of the marriage
• The age and health of both parties
• Standard of living during the marriage
• Earning capacity and employment history

Just because the spouses are elevated in age does not disqualify an individual from a claim for alimony. In fact, many gray divorce parties may be more of a candidate for alimony than younger parties. Therefore, careful consideration of alimony, from an eligibility perspective to an exposure perspective, should be given.

3. Health Insurance and Long-Term Care

Divorcing after 50 often means one spouse loses access to the other’s employer-sponsored health insurance. If Medicare isn’t yet an option, this can create a financial strain. As with retirement benefits, the DMV region offers a higher proportion of divorce cases that involve government/military insurance issues, making careful consideration a must.

Additionally, long-term care plans should be reviewed and revised as needed, especially if one spouse was previously the caretaker or financially responsible for the other.

4. Estate Planning and Beneficiaries

Many gray divorces revolve around estate planning issues. This is because people consider their estate concerns at a higher level as they age. Therefore, when unhappiness creeps into a long-term marriage, parties consider divorce as an opportunity to facilitate a larger estate plan. Therefore, it is crucial to:

• Update beneficiary designations on life insurance, retirement accounts, and bank accounts
• Revoke outdated powers of attorney
• Draft a new will or trust post-divorce

5. Adult Children and Family Dynamics

Though custody battles aren’t typically an issue, gray divorces can still affect adult children emotionally and financially. As set forth above, estate planning is often a driving feature of gray divorces, with adult children often the catalyst. Issues including inheritance expectations, family business interests, or support for college-age children can complicate proceedings. It is important to consider the motivations of people around you when determining if moving forward is the right decision.

Preparing for a Gray Divorce: Smart Steps

If you’re over 50 and considering divorce in Maryland, here are a few strategic tips:

• Consult with an experienced family law attorney who understands the nuances of gray divorce and can advocate for your long-term interests.
• Gather financial records and obtain valuations of retirement, investment, and real estate assets.
• Meet with a financial advisor to assess your retirement readiness post-divorce.
• Reevaluate your estate plan with your lawyer or estate planning attorney.

Final Thoughts

A gray divorce can offer you a fresh start, but it also comes with significant legal, emotional, and financial implications. If you are contemplating a divorce action in Montgomery County or anywhere in Maryland, contact Christopher Castellano to schedule a confidential consultation.

In an article published in The Block on June 18, 2025, Christopher Castellano explains some of the most common red flags that indicate a spouse may be hiding cryptocurrencies in divorce proceedings, including unexplained cash withdrawals, a sudden tech interest, or references to crypto apps, exchanges, and wallets without additional information.

Christopher explains that although full-scale attempts at concealing wealth are uncommon, “surreptitious use of marital money for crypto or concealing of crypto gains is becoming more prevalent.”

Although courts have tools to compel the disclosure of digital assets, Christopher notes that identification and valuation remain the biggest challenges. “The difficulty is less in asking for the court to issue relief and more in identifying the asset to begin with, which would likely require expert analysis and tracing to identify the particular asset,” he said.

While the treatment of digital assets in divorce cases is still developing, courts will continue to treat them like any other asset, he explains, subject to equitable division based on factors such as contribution, dissipation and economic circumstances

Ultimately, transparency is key as crypto becomes more common in marital estates. “Failure to properly disclose crypto can lead to serious legal consequences,” Christopher said, “and parties should consider involving tech-savvy professionals early in the process.”

Read the full article “Crypto in divorce: lawyer outlines common red flags spouse may be hiding assets as disputes grow” on The Block’s website.

In an article published in HR Daily Advisor on June 20, 2025, Brian Markovitz explains the new Maryland state law that restricts the use of noncompete and conflict of interest agreements in certain employment contracts for Maryland veterinary and health care professionals.

Signed into law in April 2024, the act’s goal is to encourage job mobility, higher wages, and new firm creation within the two industries. Its first phase began June 1, 2024, when noncompete agreements were banned for veterinary professionals. Beginning July 1, 2025, noncompete agreements for certain health care professionals will be banned as well.

The ban will directly impact healthcare professionals who make $350,000 or less annually, including physicians, physician assistants, nurse practitioners, nurses, dentists, pharmacists, psychologists, optometrists, social workers, nursing home administrators, and massage therapists. For those who earn over $350,000 annually, noncompete agreements are still allowed, but only under strict limitations.

There are some exceptions to the ban, including agreements that protect an employer’s proprietary information. Noncompete provisions included in purchase or sale agreements, however, may still be enforceable.

“Employers should review and update all employment contracts signed on or after July 1, 2025, to ensure compliance,” Brian wrote. “The group of employees now subject to these agreements is very limited, and even for those employees who fit into the narrow group where these types of agreements can be executed, those agreements will be much more limited than in prior years.”

Read the full article “Maryland Restricts Noncompete Agreements for Veterinary and Health Care Professionals” on the HR Daily Advisor website.

Summertime has arrived. The days are longer, the sun is hot, and people of all ages are heading outdoors for fun and recreation. For many of us here in Virginia, Maryland, and the District of Columbia, this means the opening of our neighborhood and community pools.

Community pools are a great way to beat the heat and can be a place of enjoyment for barbeques, family gatherings, parties, and exercise. And while these pools have all the opportunities for great fun, they unfortunately are also the sites for common accidents that can result in severe injuries and even death when safety procedures are not followed.

So now is the best time to remind ourselves to avoid these hazards. Starting with the number one hazard:

The CDC has reported drowning as the number one cause of death of children between the ages of one and four.

Common Reasons for Drownings

Not Knowing How to Swim

Learn how to swim and teach your child how to swim. Children who receive swimming instruction are less likely to drown or suffer a swimming-related injury.

Failure to Properly Supervise Swimmers

Never leave a child unattended in or near water, and designate an adult Water Watcher who should not be reading, texting, or using a smartphone.

Alcohol Use

The CDC estimates that about 70% of water-related deaths with adults involve alcohol. When impaired judgment and a lack of coordination from drinking are paired with the risky environment of a swimming pool, the results can be devastating.

Hazards of pool chemicals

Pool chemicals may include:

• Chlorine
• Bromine
• Salts
• Acids or bases
• Compressed gas
• Sanitizers and disinfectants

Pool chemicals can cause injury to your skin, eyes, respiratory tract, and digestive system. People may come into contact through direct contact, inhalation, dust, or food contamination.

Your Swimmer Chemical Safety Check!

Look:

Make sure you can see the bottom of the pool. Cloudiness is both gross and increases the likelihood of drowning for young swimmers!

Smell:

Make sure there are no strong chemical smells, which is not a sign of proper chlorination, but rather a sign of contamination.

Check:

Ask to see the water quality results posted at every public pool.

Other Common Types of Pool Accidents

• Slip and fall is another common injury type associated with public swimming pools. The areas around a pool can get wet and slippery, making them more susceptible and prone to slips, trips, and falls. Be aware of the use of sunscreen and other oil-based products and spilled drinks, which can make surfaces additionally dangerous.
  • According to the Health and Safety Executive, falls are one of the leading causes of injuries in pool areas.
• Exposure to electrical hazards.
• Improper maintenance of pool equipment, such as diving boards and pool ladders.
• Improperly maintained pool drains, plumbing, decking, fences, locks, and recreation areas.
• Use of broken emergency or safety equipment.

Serious Injuries from pool accidents include drownings, broken limbs, electrocutions, poisonings, head injuries (traumatic brain injury), cuts and infections, spinal cord injuries, and chemical burns.

Understanding Local Laws and Regulations About Swimming Pools

Some Maryland Guidance:

Limited use public-use pools are regulated through the Maryland Department of Health.

Some of the key duties for an owner/operator of a public pool: (more rules found in COMAR, including Standards for Limited Public-Use Pools and these regulations )

• Construction of pool, barriers and grounds in compliance with the American National Standard for Residential Inground Swimming Pools, if the pool is constructed in-ground permanently.
• Telephones available, with 911, nearest police, fire, and ambulance.
• Facilities are equipped with accommodations for disabled individuals.
• Adherence to local codes requiring lifeguards with certification training and at least one CPR certified individual present on-site during operation.
• Safety signs are posted for chemical and electrical warnings, shallow water, and “Danger No Lifeguard on Duty,” and other local rules.
• First aid kit with CPR mask, medical grade exam gloves, backboard, rescue pole and tube.
• Operator completion of 14-hour approved operator’s course.
• Installation of proper filtration and circulation systems and waste-water facilities.
• Waster chemistry is kept to pH between 7.2 and 7.8 with standards for alkalinity, calcium hardness, saturation, dissolved solids and metals.
• Management adheres to strict occupancy regulations based on size of pool and deck

Some Virginia Guidance:

The Virginia Department of Health regulates and sets rules for the use of residential and public pools in the Commonwealth.

Some of the Basics

• Water used for swimming pools must be from sources approved by the State Health Commissioner.
• Nonslip finishes shall be maintained on all pool steps, ladders, or other means of ingress or egress.
• Pool decks must be nonslip with a smooth finish.
• Certified lifeguards with appropriate life-saving safety equipment must be present when the pool is in use. Water filtration systems must operate 24 hours a day during season.
• Chemicals shall be automatically fed into the water in the recirculation system by mechanically operated, positive chemical feeders or open-type chemical machines.
• When pools are to be used after dark, all parts of the pool, the water therein, and the entire area shall be well lit. The maintenance and operation of the fixtures shall be such that lifeguards can clearly see every part of the swimming pool.
• Alkalinity and hydrogen-ion concentration must be maintained at 7.2 and above.
• Check with your local county for other rules and regulations.

Access the Virginia Administrative Code for rules governing tourist establishment swimming pools and other public pools, as well as information about pool chemical safety.

Understanding Responsibility in Community Swimming Pool Accidents

In Virginia, Maryland, and the District of Columbia, property owners and operators of swimming pools have a legal obligation and duty of care to ensure the safety of the premises. A failure in this duty may lead to an accident. But, in order to prove that a pool owner or operator was negligent in the operation of their pool, which resulted in your injury, the plaintiff must prove the following:

• The pool owner or operator had a duty to provide the care;
• The owner/operator breached this duty:
• An injury was suffered as a result of this breach; and
• The injury was a proximate cause of the breach.

As a member (legal user) of a community or neighborhood pool, the pool owner/operator has invited you to use the pool premises and facilities. The pool owner/operator is providing a warranty that the pool property and facilities are in good working order and safe for your use.

Depending on the specifics of individual circumstances, various parties may be held at fault for an accident. For example:

• If you were following all the posted rules of the pool and the injury was due to the owner/operator’s lack of care, then the operator/owner may be held liable for your injury. If the ladder out of the deep end of the pool was broken and unsafe to use, and the operator failed to warn you, and you suffered an injury, then the operator/owner could be held responsible.
• However, if you were under the influence of alcohol and decided to dive into the shallow end of the pool, resulting in injury, the operator/owner may not be held responsible.

Contributory Negligence

Maryland, Virginia, and the District of Columbia are three jurisdictions within the United States in which the law recognizes contributory negligence. Therefore, a plaintiff must be completely free of responsibility to collect on a claim for negligence.

There are some accidents that are not under the pool operator’s control. Some of these examples where a swimmer can be contributorily negligent may include: subpar swimming skills while using the deep end of the pool, lack of supervision, alcohol use, seizure disorders, and failure to follow rules.

Damages from Pool Accidents

In general, damages from swimming, drowning, or pool accidents mirror those of other personal injury lawsuits. Wrongful death is commonly a major issue, with the resulting damages award going to the plaintiff’s estate and survivors. Such an award is intended to compensate for various costs associated with their loss.

Damages awards are intended to reimburse the plaintiff for the economic and non-economic costs associated with their injury:

• Medical Expenses – Compensation for costs of emergency care, surgeries, hospitalization, medications, and rehabilitation.
• Lost Wages – Compensation for income lost during recovery or due to disability that prevents you from working.
• Pain and Suffering – Payment for physical pain, emotional distress, and changes to your overall quality of life following the accident.
• Funeral Costs – Wrongful death.

Legal Considerations and the Role of the Personal Injury Attorney

Understanding the complexities of liability can be difficult, and working with an experienced personal injury attorney can make a difference in the success of your claim. In order to have a full and complete picture of your accident claim, your attorney will need to be able to assist in the following areas

• Evaluating the condition of the pool and surrounding areas, including the pool itself, deck, signs, lighting, and fixtures. Pictures and video are powerful evidence.
• Assessing the compliance of the owner, operator, and staff with the state and local regulations for maintenance, safety, and security.
• Investigating the role of supervision of the swimmers and patrons, including the presence of lifeguards.
• Analyzing the conduct of all parties, including yourself, in the occurrence.
• Gathering necessary witness statements and medical bills, and records.

Get the facts. Get educated.