A fun afternoon in the sun can quickly turn tragic when a swimming pool accident occurs. If you or someone you loved sustained injuries or even passed away due to the negligence of another party, you have the legal right to hold the liable party responsible for their actions.
At the Law Offices of Anidjar & Levine, we arededicated to helping clients just like you hold negligent parties responsible for their actions. Property owners have a legal duty to limit access to their pool and maintain a reasonably safe environment. When they fail to do so, they can, and should, be held liable.
Contact a personal injury lawyer in The Hammocks, FL today. We offer free case evaluations to help you understand your rights.
Most Common Types of Swimming Pool Accidents
Drowning is the most commonly discussed pool injury.However, many types of injuries can occur near or in a swimming pool.
Our personal injury lawyers handle all types of swimming pool accidents, including:
- Slips and falls
- Drowning or near drownings
- Neck and back injuries
- Broken limbs
- Head and spine injuries
- Wrongful death
- Lacerations, cuts, and bruises
For example, you may have a case if:
- The pool owner knew the railing on the pool stairs was unsteady and did nothing to fix the problem. You were holding onto the rail when it collapsed, causing you to slip and hit your head on the swimming pool stairs.
As a victim, it is not your responsibility to determine if you have a legal case. That is what our team is here for. We will evaluate the details of your case and offer legal advice on your next steps.
Premises Liability Law Regarding Swimming Pool Accidents
Florida’s laws on premises liability outline when a pool owner may be liable for your swimming pool accident. To start, the law looks at whether you were on the property legally.
There are three designations for being on someone’s property:
- Invitee: Someone invited you on their property for their own benefit. For example, a pool cleaner or dog walker.
- Licensee: You were invited onto the premises for your own enjoyment, for example, you were invited to a summer BBQ at a home with a pool.
- Trespasser: You were not implicitly or explicitly invited on to the property and have no reasonable expectation of safety.
Pool owners have a duty to maintain a reasonably safe environment for invitees and licensees. They do not have a duty to protect trespassers in most cases.
Establishing Liability in Swimming Pool Accidents
If you were legally on another person’s property and were injured due to the negligent or careless behavior of another party, you may be able to recover damages for your injuries.
Damages may include medical bills, pain and suffering, as well as personal property damage.
To be liable, we must meet the following elements:
- The pool owner had a duty of care to maintain a reasonably safe environment.
- The owner failed to meet this duty. For example, they knew of a danger and failed to repair or restrict access to the pool
- You were injured as a result of their negligence.
If you sustained an injury in a swimming pool accident, you have the right to hold the pool owner liable for their actions. Contact the Law Offices of Anidjar & Levine today for a free case evaluation.
Residential Swimming Pool Safety Act
In 2005, Florida passed the Residential Swimming Pool Safety Act, a law designed to reduce the number of drowning accidents. This law states swimming pool owners must:
- Restrict access to the pool using an approved safety device (cover, exit alarms, or self-latching doors.)
- Construct a barrier at least four feet high with no room for a child to squeeze around, over, under, or through.
- The barrier must have outward opening gates with self-latching locking devices.
If the property owner’s failure to meet these requirements resulted in your or your child’s injuries, they can be liable for your damages.
Wrongful Death Claims in Swimming Pool Accidents
In some cases, swimming pool accidents result in a person passing away. While any death is tragic, grief may be magnified if the accident was preventable.
If your loved one passed away due to a swimming pool accident, you may be able to reclaim damages through a wrongful death claim. A swimming pool accident lawyer in The Hammocks, FL can evaluate your case and help you file a claim.
Damages in a Wrongful Death Claim
You may be eligible to recover the following damages in a wrongful death claim:
- Funeral and burial expenses
- Medical bills incurred before their death
- Loss of emotional support
- Loss of future wages of your loved one
Contact a Swimming Pool Accident Lawyer in The Hammocks, FL Today
Did you sustain injuries in a swimming pool accident? You have the right to hold the liable party responsible for your damages. You may be eligible to recover compensation to cover medical costs, lost wages, and pain and suffering.
Contact the swimming pool accident lawyers in The Hammocks, FL at the Law Offices of Anidjar & Levine today. We offer free case reviews. You have nothing to lose.
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