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:
- Lung infections (pneumonia)
- Acute respiratory distress syndrome
- Post-immersion syndrome
- Permanent brain damage
- Coma or persistent vegetative state
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.
Legal Recovery for Pool Accident Victims in South Florida
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:
- Emergency medical treatment and hospital bills
- Follow-up care related to the accident
- Physical therapy and rehabilitation
- Long-term care assistance and other needs
- Home care or nursing home expenses
- Loss of income during recovery
- Loss of future earnings if the victim is unable to return to work
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.
Have You Been Injured At Someone Else's Pool in Coral Springs or South Florida?
If you or a loved one were injured at someone's pool in Florida, you need to speak to an experienced premises liability lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.