Suffering or witnessing a swimming pool accident or drowning can be crushing and devastating. What initially began as a recreational activity results in a severe injury or drowning. Swimming pool accidents can lead to extensive medical expenses, time away from work, and permanent disabilities.
Call the West Palm Beach personal injury lawyers at the Law Offices of Anidjar & Levine for a free consultation.
How Our Attorneys Can Assist With Your Swimming Pool Injury Case
Our West Palm Beach Lawyers Offer a Complimentary Case Evaluation
Our attorneys will provide you with a free case evaluation. They will evaluate the details of your swimming pool accident or drowning case and determine if another party is liable.
They will consider the extent of your injuries, costs associated with the accident, and any costs that might arise out of future medical treatment or loss of employment. This is also when you will get to know our legal team and ask any questions you might have about the legal process.
We Investigate Your Legal Case
Our team of legal professionals will evaluate every part of your case, so we can best represent you in your swimming pool accident and drowning case. It is important that we understand each detail of the accident, so we can prove liability and get the compensation you need.
Our Lawyers Determine the Value of Your Damages
There are many factors that affect the value of your swimming pool accident case. We will include factors such as the severity of your damages, the costs associated with the injury or drowning, time away from work, and your capability to work or complete everyday tasks in the future.
We will obtain all the necessary documents for the legal case. Important documents include medical records, injury reports, W2s or tax forms for lost wages, and any other document that identifies the financial, emotional, or physical losses associated with the swimming pool accident or drowning.
Recoverable Damages Involved in Swimming Pool Accidents & Drownings
Our lawyers understand the damages associated with swimming pool accidents & drownings are not solely medical. Working with a swimming pool injury lawyer who is familiar with the additional damages associated with swimming pool accidents can help you get the compensation you deserve. Other damages might include:
- Immediate medical care
- Lose of wages
- Recurring medical care
- Pain and suffering
Types of Swimming Pool Accidents
Swimming pool injuries are not limited to drownings. There are other types of accidents that cause severe injuries, such as:
- Drain-related accidents
- Contaminated water
- Slips and falls
- Near drownings
The type of accident and circumstances surrounding it will affect which party is liable for your case.
Premise Liability Associated With Accidents & Drownings in Public and Private Swimming Pools
Both homeowners and public pool property owners have a responsibility to protect others from swimming pool accidents & drownings. Under Florida Statute §515.29, the State of Florida requires that all residential swimming pools have an approved barrier. Requirements of this barrier must include the following:
- The barrier must stand at a minimum of four feet or higher.
- There must be no gaps, openings, or damaged structural components.
- The barrier must surround the pool and be separate from other yard enclosures.
- The barrier must be placed away from the pool.
- Any pool entrance tools such as stairs or ladders must be removable or securable.
- The barrier must open outward, away from the pool.
- The barrier must not be climbable.
- There must be a pool cover in use when the pool is unoccupied.
If the pool owner or manager failed to provide an appropriate barrier, and the insufficient barrier caused an accident, then the pool owner may be liable for any resulting accidents and injuries.
Under Florida law, there are additional requirements set for pools in a public environment. Similarly, pool owners and managers who fail to abide by these laws may be liable in a premises liability claim if their negligence contributes to an accident.
- The pool must have an anti-entrapment device approved by the American Society of Mechanical Engineers.
- A permit is necessary to operate a public pool.
- There must be an automatic shut-off system for the pump.
- All lifeguards must possess appropriate training and certification.
Further, under the comparative negligence laws that the state of Florida follows, your compensation reduces if you are at fault in any way. Your percentage of fault proportionally reduces the amount of compensation you can recover.
Trespassing and Swimming Pool Accidents
While adults generally are not able to recover compensation for swimming pool injuries associated with trespassing, the same conditions do not apply to young children under attractive nuisance laws.
A child who enters a pool that is not properly secured and becomes injured may still qualify to file a lawsuit against the negligent pool owner.
Determining the Legal Steps Following a Swimming Pool Accident
Our attorneys will first attempt to settle the case out of court. The responsible party’s homeowner’s insurance may cover the damages. A settlement also keeps both parties out of court and saves everyone involved the time and costs associated with going to trial. Because we value the best interests of each one of our clients, this is a priority.
But our swimming pool attorneys in West Palm Beach are prepared to reject any offer that is not realistic and does not cover your damages. We fully investigate and prepare every case as if it were going to court so that we are ready for trial if necessary.
Set Up a Complimentary Consultation with a Swimming Pool Accident and Drowning Lawyer in West Palm Beach
Swimming pool accidents & drownings can arise from many situations. It could result from a family trip to the local community pool. It could also occur by an act of negligence of a neighbor who did not sufficiently secure their pool.
We Can Help.