If you suffered injuries or lost a loved one in a swimming pool accident caused by another party’s negligent behavior, you may be eligible to recover compensation for any losses you suffered. A swimming pool accident lawyer in Florida can help you prove another party caused your accident and is liable for your losses.
The Law Offices of Anidjar & Levine provides legal services for victims of swimming pool accidents. To schedule an initial consultation, contact our law office today at 1-800-747-3733.
Types of Swimming Pool Accidents That May Warrant a Claim
If you or a loved one suffered injuries in one of the following types of accidents, you may be eligible to file a claim:
- Injury on Another Party’s Property: If you suffered a pool accident injury on another party’s property, the property owner may be liable for your losses if their negligence caused the accident to happen.
- Reckless Behavior: You may also be able to sue a guest if their reckless behavior led to your injury or your loved one’s death.
- Equipment Failure/Defective Products: Pool equipment or recreational equipment may have led to the injury or drowning. In this case, you may be able to hold the manufacturer liable for a defect or the owner for failure to maintain the equipment.
Understanding Premises Liability in Pool Accidents
Under Florida’s premises liability law, a swimming pool owner may be responsible for your swimming pool accident depending on whether you were an invitee, a licensee, or a trespasser on the property.
- Invitee: The property owner invited the public to go swimming on the property.
- Licensee: The owner specifically invites you to come onto the property and go swimming. The owner may be hosting a party or social event.
- Trespasser: You do not have permission to swim in the swimming pool or be on the property.
We will establish your status at the time of the swimming pool accident to prove the property owner is liable.
How Premises Liability Laws Differ When Children Are Involved
Property owners are not liable for injuries trespassers suffer. However, this is not always true if the trespasser is a child.
Children are naturally attracted to swimming pools and they do not always understand how hazardous they can be. Thus, they may show zero restraint when trespassing on a property to get to a pool or when jumping into a pool. For this reason, the state of Florida established the Residential Swimming Pool Safety Act (RSPSA).
Under the RSPSA, pool owners are responsible for creating and maintaining a safe environment that eliminates the possibility of a child gaining access to the pool without adult supervision. According to the Act, pool owners must provide the following:
- Pool cover;
- Four-foot barrier around the entire pool;
- Pool entrance with a self-closing and self-locking mechanism; or
- Alarm for all doors and windows with direct access to the pool area
Failure to provide these and other safety components may lead to an injury or drowning. Any parties who suffer injuries, or whose loved one die from drowning, can hold the property owner liable for failing to maintain a safe pool.
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How a Swimming Pool Accident Attorney Can Help You
Filing a claim for a swimming pool accident can be complicated, but an Anidjar & Levine premises liability attorney can handle your case from start to finish. We can handle all of the following:
Determine Whether You Have a Valid Case
To have a valid case, we must prove the following:
- The other party behaved negligently.
- You were on the property legally. As stated above, if you were trespassing on the property, the property owner does not have a duty of care to you.
- The other party’s negligence caused you to suffer injuries in a pool accident.
File All The Paperwork For You And Keep All Documentation Organized
While most people do not consider the paperwork after an injury, it can be overwhelming. Our team will fill out and file any necessary paperwork and keep everything organized.
Handle All Communication with The Other Party
It is very easy to say the wrong thing to the other party or its insurer and jeopardize your case. Our team will handle communication with the other party’s insurer to prevent this.
Discuss Your Case with Expert Witnesses
In some cases, we may need testimony from an expert witness to establish how the accident happened or how your injuries will continue to affect you over time.
Gather Evidence
We will gather any necessary evidence. This may include:
- Medical records
- Photos
- Surveillance video
- Eyewitness statements
Build Your Case
We will take all necessary evidence and build the strongest possible case to prove you deserve compensation.
Negotiate with the Insurer
We will negotiate with the other party’s insurer to recover a fair settlement on your behalf.
File a Lawsuit If Necessary
The other party and its insurer are not always willing to offer you the settlement you deserve. If the insurer refuses, we are not afraid to head to court. We will present a robust case to persuade the judge or jury that you deserve compensation.
Contact a Swimming Pool Accident Lawyer in Florida
If you suffered an injury or your loved one died in a pool accident, an injury attorney at the Law Offices of Anidjar & Levine may be able to help you file a claim. Get a free, no-obligation consultation today: 1-800-747-3733.
