Whether you or a loved one suffered pool-related injuries at a friend’s house, water park, or community center, you have legal recourse. The Law Offices of Anidjar & Levine advocate for accident victims who’ve suffered injuries in private, public, or commercial pools. Whoever is responsible for your physical, personal, and financial losses, we will pursue the negligent parties with the weight of the evidence we collect.
Our Jacksonville swimming pool accident lawyers can investigate the incident, file a Jacksonville personal injury lawsuit on your behalf, and negotiate a settlement.
We Can Seek Damages Following Your Jacksonville Swimming Pool Accident
Once we prove how the swimming pool owner’s negligence caused your or your loved one’s injury, you can pursue compensation for these common types of damages:
- Your medical bills and costs for ongoing medical treatment
- Current and future lost wages
- Loss of future earning capacity
- Physical therapy
- Funeral expenses
- Pain and suffering
- Disability
Depending on your situation, you could qualify to recover other types of losses.
What Swimming Pool Operators Owe To Their Guests
Swimming pool operators owe it to the guests they invite on their property to maintain safe conditions in and around their pools. This includes providing safety equipment, pool alarms, pool fences and latches, and water rescue equipment.
Pool owners violate the duty they have to their guests when their negligence or carelessness causes someone to suffer a serious injury or drown. For example, allowing guests into a pool with known dangerous conditions is negligent and reprehensible.
Our personal injury attorneys can determine how the public or private swimming pool owner violated state and local safety standards.
What Does Our Duval County Team Need To Prove?
Pursuing a personal injury case involving a pool can become complex because of the evidence needed to prove negligence.
Yet, our legal team has the resources to collect the necessary evidence, such as:
- A police report of the injury or drowning
- Video surveillance of the swimming pool accident
- Inspection reports showing prior citations for unsafe pool conditions
- An analysis of the pool water to determine sources of contamination
- Your or your loved one’s medical records showing the nature and extent of your injuries
Recovering Compensation From Local Jacksonville Governments
Florida Statutes § 768.28 protects state and local governments from certain types of lawsuits. Sovereign immunity, however, can be waived after a claimant proves that negligence caused their injuries and losses.
If you were injured at a public pool operated by the City of Jacksonville’s Parks, Recreation, and Community Services, we know what it takes to recover the compensation you need. Our swimming pool accident attorney can prove your claim so that you can recover damages from the liable entity.
We Can Establish Liability For Your Swimming Pool Case In Jacksonville
It may not be difficult to establish liability against a homeowner if they violated any aspect of Florida’s Residential Swimming Pool Safety Act. The law, enacted in 2000, requires homeowners to take safety measures to prevent young children and the medically frail elderly from suffering serious or fatal swimming pool accidents.
At the time, state lawmakers said in Florida Statute § 515.23 that drowning was “the leading cause of death for young children” and the medically frail elderly. The law defines the medically frail elderly as an individual 65 years or older with a medical problem, such as a heart condition, Alzheimer’s disease, diabetes, or any other disorder that affects their balance, vision, or judgment.
Public And Private Pools Must Feature These Things
Residential pool owners, public entities, and pool business owners are required to follow safety precautions to keep guests and patrons safe. To pass final inspection, most swimming pools must meet numerous requirements, including:
- Having a barrier that meets certain characteristics, including being at least four feet high on the outside without any gaps or openings that would allow a young child to breach
- Placing the barrier sufficiently away from the edge of the water to keep a child or older adult who may have gotten through the barrier from falling into the water
- Having a gate that opens outward to the pool and has a self-latching device that locks and cannot be accessible to a young child through an opening
If your swimming pool accident occurred at someone’s home, we can use our checklist to make sure the pool owner followed the state’s Residential Swimming Pool Safety Act.
How Long Do You Have To File Your Case?
Under Florida’s statute of limitations, you:
- Typically have four years to file your injury lawsuit, per Florida Statutes § 95.11(3)(a).
- Generally have two years to file your wrongful death lawsuit, according to Florida Statutes § 95.11(4)(d).
It’s important to file your case as soon as possible because:
- Evidence, like witness testimony, could fade or get lost over time.
- The court could refuse your case if you don’t file it within the appropriate deadline.
Your swimming pool accident lawyer in Jacksonville can assess your situation and determine whether litigation is necessary. However, we will prepare your case for litigation to protect your right to a fair settlement. We don’t want a missed deadline to jeopardize your rights.
What Injuries Qualify For Legal Action?
If you incurred losses due to a pool operator’s negligence, you could have the basis of a claim or lawsuit. Many people think that they only have a case if someone drowned. That is not true. In fact, we can litigate your case if your swimming pool accident resulted in:
- Near-fatal drowning
- Severe injuries
- Cuts and lacerations
- Internal bleeding
- Infections due to contaminated water
- Rashes and other skin irritation
- Broken bones
This is not a complete list. Whatever accident injuries you sustained, you shouldn’t have to pay out of your own pocket for someone’s lack of reasonable care and caution. After your serious injury, we can pursue the at-fault party, so you don’t have to suffer financial instability as a result of negligence.
Follow These Steps After Your Swimming Pool Accident
The following measures could bolster your injury case:
Seek Medical Care
Even the smallest conditions require medical attention. For instance, if your child got a gash on their leg after falling, the cut could get infected if not treated properly. Visiting a healthcare provider not only protects your well-being but also provides valuable information to help your case.
Refrain From Giving A Recorded Statement
Recorded statements do not benefit injured claimants. They only benefit the insurance companies that ask for them. Giving a recorded statement allows the insurer to dispute certain aspects of your case – even small details that seem irrelevant.
If you have a lawyer from our law firm, the insurance company cannot contact you directly; all communications must go through your representative.
Avoid Posting About The Incident To Social Media
If your child was hurt at a public place, like a water park, you might want to share your thoughts on social media. However, this will not benefit you. The involved parties, as well as their lawyers, could see your posts and use them to devalue your case.
Even posting an old photo of your child at a birthday party could complicate things. We recommend avoiding social media until your case has concluded.
Call Our Personal Injury Team In Duval County Today
The Law Offices of Anidjar & Levine can help in your time of need. We can discuss your legal options in a free, no-obligation case review.
Once we take you on, your personal injury lawyer will be available over the phone and through email. We strive to provide responsive legal care during your pursuit for financial compensation. Not only will we fight for your peace of mind during the legal process, but we will handle every aspect of your swimming pool accident case from beginning to end.
Call or visit us online to get started.
We Can Help.
