Fighting for our clients
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[description] => The articles in our serious injury library address a broad range of topics, from common causes of serious injury accidents to gathering medical evidence to support your claim for compensation. Find the reliable information you need by browsing the titles in our serious injury free legal library.
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[post_content] => Were You or a Loved one Injured in a Florida Swimming Pool Accident? We Can Help.
Due to the climate in Florida, many South Florida residents own swimming pools.
And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool means taking appropriate safety measures to keep family, friends, and other visitors from harm on your property.
When the owner of a pool fails to safeguard the pool properly, he or she may be liable for any injuries that result.
Young children are especially at risk for accidents at swimming pools. Florida leads the nation in child drowning accidents, and 2017 saw a 20% increase in pool drowning deaths for children under 15 years old.
How Swimming Pool Accidents Happen In Florida
Swimming pool owners have a duty of care to take reasonable precautions to protect others from injury around their property or face a premises liability lawsuit for any injuries. Swimming pool owners can be held responsible for accidents that happen due to:
Improper or no fencing around a pool can lead to liability in Florida
Florida law requires private outdoor swimming pools to have a fence or other type of barrier around the pool with a self-closing gate that is protected from a child’s reach.
Pool slip and fall accidents can lead to liability in Florida
If the conditions around the pool are not adequately maintained to prevent someone from slipping and getting hurt, the owner could be held responsible.
Lack of supervision around a pool can lead to liability in Florida
A pool owner could be liable if they leave young children unattended around the water. Whether children are in the pool, or playing somewhere else in the yard, if a pool accident happens because an adult was negligent or wasn't watching or stepped inside only for "a moment" serious accidents, even drawings, can happen.
Poor maintenance of a pool can lead to liability in Florida
Without proper maintenance, people can get hurt in Florida swimming pools. Chemical imbalances or contaminated water can cause serious illnesses, and unshielded filtration systems can trap a foot or a hand, leading to drowning or near-drowning accidents.
Florida law typically protects property owners from trespassers, but there are certain exceptions when it comes to children. In the case of a swimming pool, it may be considered an “attractive nuisance,” and the property owner can be held responsible for a dangerous condition that causes harm to a child, even if that child entered the property without permission. A child trespasser is still owed a very high "duty" of care in Florida. So if there is a condition - such as a pool - that would be attractive to children, and children may not understand the gravity of the risk a pool poses, the homeowner has a very high duty to keep the pool safe.
Consequences of Near-Drowning in Florida
Near-drowning incidents can cause life-altering injuries, especially for children.
Some of the injuries that can result from oxygen deprivation even after being rescued include:
The first 24 hours of care after a near-drowning accident are critical to survival, but the injuries suffered can still last a lifetime. It can take years of rehabilitation and therapy to regain even a portion of lost functionality. In children, the effects can result in developmental delays in learning, speech, and motor skills, as well as permanent mental or physical disability.
To hold a negligent pool owner responsible for injuries, victims need to file a personal injury lawsuit. A lawsuit allows victims and their families to seek financial recovery for the expenses caused by the accident, including:
Victims of pool injuries and accidents may also be able to receive damages for pain and suffering, mental anguish, and other difficulties caused by the injury. Talk to a personal injury attorney to determine your eligibility for these types of damages.
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When a personal injury case is brought to an attorney, about 90% of the time the case will reach a proper settlement (see blog) without having to even go into litigation with filing a lawsuit (Be sure to check out our other article that covers the litigation process). Out of that 10% of cases in litigation, usually only 2% to 5% of those will actually end up going through a trial itself. If an adequate settlement is reached at any step in the process, going to trial is not necessary.
The Trial Process
Preparing a case for trial involves thorough evidence gathering, which might even lead to a settlement on its own. The evidence can include medical records, accident reports, witnesses of the accident, and additional proof of pain and suffering. Proper case presentation is necessary, and our firm will make sure it is done carefully and accurately.
The trial will be considered a civil proceeding if it is a car accident or slip and fall case that resulted in personal injury. The evidence will be presented in front of a judge and you may elect to use your right to a jury trial as well. In most instances, the case will end up in trial because liability was never accepted. In that instance, the plaintiff’s attorney will gather the evidence to prove in court that the defendant was at fault and that their negligence was the cause of the accident and the plaintiff’s injuries. When the evidence is presented and the plaintiff give’s their testimony, which the attorney will assist in, the judge will then make a judgment on which evidence can be admitted or kept out.
When the defendant gives their testimony, they are likely to attempt to prove that the plaintiff was at fault for the accident, that their injuries were not a direct result of the accident, and/or not as severe as they are leading on.
After the closing arguments, the jury will deliberate, or if no jury was selected for the trial, the judge will act as the jury and give a ruling after reviewing all the evidence provided throughout the trial.
If either party does not agree with the verdict, an appeal may be filed within a certain amount of time. If no appeal is made, the final verdict of the trial remains final and both parties will not be able to try the case again.
At the Law Office of Andrew G. Rosenberg, we are committed to assisting you every step of the way and advising you of the best routes to take throughout your case.
When an attorney represents you, especially Andrew G. Rosenberg, he will advise you as to whether or not taking out a loan is the best idea for your case because every circumstance is different. If you choose to go about applying for a loan, it is done through the funding company, not the attorney. The company will evaluate your case and assess how much money they think you may receive from your settlement. If approved, you will be immediately offered a sum of money.
In order to receive the funds, you must sign an agreement to pay back the initial amount given to you plus interest (funding fee). Every company and case is different when it comes to the percentage of the funding fees, which is why it is important to understand your different options. The money to pay back the loan comes from the settlement, but not until the other expenses are paid from the settlement first (medical bills, attorney fees, etc.).
Since a personal injury incident can take a couple years to resolve, the interest fees on the loan add up quickly and the rest of the money you were expecting to receive from the insurance company after medical expenses and fees often goes to paying off the amount owed to the funding company (due to interest charges). Because of that, it is important to be cautious and thorough when considering funding during your claim process. So, be sure to read our blog that breaks down the Pros and Cons to consider when it comes to taking out a loan.
At the law office of Andrew G. Rosenberg, we are dedicated to providing you with the best advising and assistance in deciding whether to take out a loan. We understand that it is sometimes necessary, so we will ensure that you are well informed about the process.
Depending on the circumstances and the relevant laws, dog owners are usually liable for injuries that their dog may cause. The owner’s insurance company will be sought after for compensation for damages suffered. The damages that can be claimed if liability is accepted are:
Due to the climate in Florida, many South Florida residents own swimming pools.
And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool means taking appropriate safety measures to keep family, friends, and other visitors from harm on your property.
When the owner of a pool fails to safeguard the pool properly, he or she may be liable for any injuries that result.
Young children are especially at risk for accidents at swimming pools. Florida leads the nation in child drowning accidents, and 2017 saw a 20% increase in pool drowning deaths for children under 15 years old.
Swimming pool owners have a duty of care to take reasonable precautions to protect others from injury around their property or face a premises liability lawsuit for any injuries. Swimming pool owners can be held responsible for accidents that happen due to:
Florida law typically protects property owners from trespassers, but there are certain exceptions when it comes to children. In the case of a swimming pool, it may be considered an “attractive nuisance,” and the property owner can be held responsible for a dangerous condition that causes harm to a child, even if that child entered the property without permission. A child trespasser is still owed a very high "duty" of care in Florida. So if there is a condition - such as a pool - that would be attractive to children, and children may not understand the gravity of the risk a pool poses, the homeowner has a very high duty to keep the pool safe.
Near-drowning incidents can cause life-altering injuries, especially for children.
Some of the injuries that can result from oxygen deprivation even after being rescued include:
The first 24 hours of care after a near-drowning accident are critical to survival, but the injuries suffered can still last a lifetime. It can take years of rehabilitation and therapy to regain even a portion of lost functionality. In children, the effects can result in developmental delays in learning, speech, and motor skills, as well as permanent mental or physical disability.
To hold a negligent pool owner responsible for injuries, victims need to file a personal injury lawsuit. A lawsuit allows victims and their families to seek financial recovery for the expenses caused by the accident, including:
Victims of pool injuries and accidents may also be able to receive damages for pain and suffering, mental anguish, and other difficulties caused by the injury. Talk to a personal injury attorney to determine your eligibility for these types of damages.
• January 26, 2022
Were You or a Loved one Injured in a Florida Swimming Pool Accident? We Can Help. Due to the climate in Florida, many South Florida residents own swimming pools. And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool…
Read More• January 26, 2022
When a personal injury case is brought to an attorney, about 90% of the time the case will reach a proper settlement (see blog) without having to even go into litigation with filing a lawsuit (Be sure to check out our other article that covers the litigation process). Out of that 10% of cases in litigation,…
Read More• January 26, 2022
One of the biggest questions that clients ask is how long will a case take to be settled? The answer to that question depends on many factors. The truth is that it can take as little as a few months or as much as a few years for a case to be completely finished. In…
Read More• January 26, 2022
If you are in the midst of a personal injury claim, there are loan companies that provide pre-settlement funding for you because they are aware that the process takes time. Advanced loans for legal personal injury cases work as an investment for the loan company. They are relying on a settlement to get their money…
Read More• January 26, 2022
According to the CDC, “Approximately 4.5 million dog bites occur each year in the United States. Almost 1 out of 5 bites become infected.” Depending on the circumstances and the relevant laws, dog owners are usually liable for injuries that their dog may cause. The owner’s insurance company will be sought after for compensation for…
Read More• January 26, 2022
Florida Scooter Accidents Explained by South Florida Injury Attorney With the growing public use of electric and motor scooter rentals in large cities, especially those in Florida, it’s become more common for our personal injury law office to get questions about scooters. Several factors will determine if you have a sufficient case for a personal…
Read More