Florida Swimming Pool Accident Lawyers
When we think of a day by the pool, it brings up a feeling of excitement and catching the sun. Unfortunately, the idea of a swimming pool has been ruined forever for some. Although it’s something we don’t really think about at the time, many people are injured at a swimming pool on a yearly basis. In this guide, we want to talk about the main causes of injuries, the most common injuries, liability, and whether or not you can receive compensation for a swimming pool accident.
Most Common Causes of Swimming Pool Injuries
In truth, there are all sorts of pool hazards that exist including damaged ladders in the water, poor fencing, shallow deep ends, broken tiles, broken diving boards, etc. As well as public pools, we’re also talking about backyard pools. In fact, these can actually be more dangerous because of the relaxed attitude towards what is actually a dangerous activity.
Generally speaking, public facilities have different risks because drowning and other accidents can occur when a lifeguard isn’t paying attention or is even poorly trained. Elsewhere, it might be an inattentive staff member allowing a small child into a deep pool.
Two of the most common causes of injuries around swimming pools are reckless behavior (often with alcohol involved) and negligent supervision, but this is closely followed by dangerous or defective equipment. Back in 2008, we welcomed a new federal law that was introduced to prevent drain entrapment deaths and injuries at pools as well as spas.
According to the Pool and Spa Safety Act, all public facilities must now install drain covers, anti-entrapment devices, and various other safety tools. With the drain cover, this must meet certain regulations. When only one main drain exists, the public facility should have a second anti-entrapment system installed. Despite the changes in the law, many swimming pools around the country, and around Florida, still fail to meet the regulations. If this was the cause of your injuries (or the death of a loved one), this is something we will investigate.
Most Common Swimming Pool Injuries
It’s true that poor swimming ability does lead to drowning and other accidents, but there are other causes including poor equipment and design flaws. With this in mind, injuries can include:
- Skin damage from chemicals in the water
- Drain suction entrapment (poor anti-entrapment tools)
- Broken bones and sprains from slip and fall accidents
- Cuts and lacerations from damaged tiles and other sharp surfaces
- Spinal damage and concussion from diving into a shallow deep end
The mind often goes to small cuts and bumps when thinking about swimming pool injuries, but some cases are severe. At The Injury Firm, we have experience in drowning, spinal damage, concussion, brain damage, and other serious injuries. We believe that innocent victims deserve compensation when they wanted an enjoyable day at the pool and went home with a serious injury.
Premises Liability
Whenever somebody is injured due to a swimming pool hazard, one of the first things to discover is a liability. In other words, did the owner of the property have a responsibility to keep people safe while in and around the pool? Sadly, a shocking number of swimming pool injuries come from the negligence of the property owner. When you work with a swimming pool accident lawyer, like the specialists at The Injury Firm, there’s a process to follow. If your case is to be successful, we need to prove the following together:
- The owner had a duty of care towards you (and all other visitors to the property)
- The owner breached this duty in some way
- This breach was the direct cause of your injuries
As well as private pools, this goes for public facilities such as spas and hotels. If you visited a public swimming pool and almost died from drowning, a lack of lifeguards would be considered negligence from the owner and property operator.
On the other hand, residential properties need to adhere to the correct regulations at all times. For example, the Residential Swimming Pool Safety Act was introduced in Florida to reduce the number of accidents occurring in homes across the state. Whether it’s a full-size swimming pool, or even a spa or hot tub, this Act says that one safety feature is required (this could be a cover or barrier) to protect the elderly and children. If you can prove that the property owner failed in their duty of care, compensation may be possible after a claim.
Trespassing
At this point, we should note that there are strict rules on trespassing. If an adult decides to trespass and is then injured, the owner is not responsible for any injuries that may follow. For injured children, the owner does carry some of the responsibility if the pool is located in a position where children pass or if the child in question was too young to know any better.
Working with a Swimming Pool Accident Lawyer
If you’ve been injured at a private or public swimming pool, we don’t want you to feel alone. First things first, get the medical attention you need and focus on recovery. Meanwhile, get in touch with The Injury Firm to learn more about a potential case and compensation. Over our many years in Florida, we’ve helped lots of people with cases just like yours. Therefore, we know how to build a strong claim (and we’ve got the resources to see it through to a court case if required!).
Depending on the circumstances, we will help you to claim for pain and suffering, medical bills (both existing and potential future bills), lost wages, and more. We work hard, and we’re determined to help those who have been placed into unfortunate situations through no fault of their own. If you have any questions, or want to get the process started, don’t be afraid to contact us today for a free consultation: 954-951-0000!