You can sue someone if you injured yourself at their swimming pool and your injury was the result of negligence, carelessness, or recklessness on the part of the pool owner. According to Florida Statute § 768.075, you may be able to seek financial compensation for injuries you sustain in someone else’s pool or elsewhere on their property if:
- You were an invited guest
- You were a “discovered trespasser,” meaning the property owner knew about your presence at least 24 hours before the injury occurred but did not remove any hazards or provide warning of dangers
- You were an “undiscovered trespasser,” meaning the property owner did not know about your presence in advance of the injury, but they acted in an unlawful way when they discovered your presence
- A child is injured in a swimming pool that is deemed to be an “attractive nuisance,” as defined by the Legal Information Institute
Trespassers who were under the influence of alcohol or drugs at the time of the incident are generally not permitted to seek damages in a lawsuit.
Financial Recovery After An Injury
If you are injured on someone else’s property, you may be entitled to financial compensation for your injuries. You may be able to collect financial compensation for the following types of injury-related economic and non-economic expenses:
- Current and future medical expenses
- Current and future lost wages
- Physical disability and disfigurement
- Mental and emotional distress
- Physical pain and suffering
The types of damages you could recover through an insurance claim or lawsuit are determined by the specifics of your situation, your injuries, and their severity. Talk to a swimming pool accident attorney about your case to understand your rights and your legal options. While it is difficult to put a price tag on pain and suffering and other non-economic losses, your lawyer will calculate your compensatory damages and initiate the legal action.
File Your Compensation Claim On Time
If the injuries you sustained in someone else’s pool qualify you to file a personal injury or premises liability lawsuit, your lawsuit has a time restriction. According to Florida Statute § 95.11, you are generally limited to filing within four years from the date your injuries occurred.
Do not put your right to receive full financial compensation at risk. Failing to file your lawsuit on time is dangerous because it could result in an inability to file your lawsuit at all. If that happens, it means you may be forced to bear the financial impact of the accident on your own.
According to Florida Statute § 95.051, under very specific circumstances, you might be able to extend the amount of time you have to file your lawsuit. If the injured person is a minor child, the at-fault party is outside of Florida, or the at-fault party intentionally makes themselves unavailable, you might be able to add additional time to your ability to seek compensation. Discuss these circumstances with your lawyer to find out exactly how the statute of limitations affects your claim for financial recovery.
You May Be Able To Receive Compensation for Your Injuries
Were you or someone you love injured in another person’s pool? You can sue someone if you injured yourself at their swimming pool and may be able to collect financial recovery for your injuries.
At the Law Offices of Anidjar & Levine, we may be able to help you determine the validity of your personal injury or premises liability claim and help you pursue the at-fault party for financial compensation. If you are ready to take the next step, contact us by calling 1-800-747-3733 today. Find out how we go the extra mile so you can worry about getting better while we take care of everything else.
