Swimming pools are a delight, especially in Florida where it is summer all year round. They can also be extremely dangerous, causing serious injury or death. If you have been injured or a loved one has died as the result of a swimming pool accident, a swimming pool accident lawyer in Fort Lauderdale at the Law Firm of Anidjar & Levine will help you get the compensation you deserve.
What are the most common types of swimming pool injuries and who is liable?
Unintentional drowning kills more children between the ages of one and four years old than anything else except birth defects, according to the Centers for Disease Control and Prevention (CDC). Drowning is the second highest injury cause of death for children between the ages of one and 14. In people of all ages, drowning is the fifth highest unintentional injury cause of death.
People who survive near-drowning episodes can suffer severe brain damage. This brain damage can cause lifelong disabilities, including learning disabilities, memory issues, and even permanent vegetative state. Five times as many children are treated at emergency rooms for nonfatal near-drownings as compared to the number of children who die from drowning.
Your liable party in this case depends on whether the pool was public or privately owned. If the pool was public, you would likely file against the municipality in charge of the pool. (In many cases, these municipalities have immunity from liability. Call us for help holding a municipality liable: 800-747-3733.) The municipality would be your liable party even if the accident was the result of a negligent lifeguard. If the pool was private, you would hold the property owner liable.
Head and Spinal Injuries
Head and spinal injuries can happen when you dive into the pool and hit your head or injure your spine. Falling while outside of the pool or falling off an inflated device while in the pool can also result in head and spinal injuries.
The property owner or municipality would likely be your liable party in this situation as well. If another visitor pushed you or otherwise caused your accident, you can hold that individual liable as well.
Drain injuries can be catastrophic. The suction of the drain can cause internal injuries or cause the child to drown. If the pool owner neglected to warn visitors about the drain, you can hold the owner liable. If the drain was defective, you may be able to hold the manufacturer liable.
The swimming pool water itself can be dangerous to your health. Common waterborne diseases in the United States, that can be contracted through contaminated swimming pool water, are:
- Giardia infection
- Cryptosporidium infection (cryptosporidiosis)
- E. coli infections
The party in charge of keeping the water clean may be liable for your illness.
Determining the liable party for your accident can be difficult. Our team will investigate your accident and work to build a solid case.
With whom do I file after an accident?
That depends on how your accident occurred. If you were injured at a neighbor’s pool, you will file with his homeowner’s policy. If you were injured at a hotel pool, you would file with the hotel’s liability insurer. If the accident happened at a public pool, you would file with the municipality in charge of the pool.
These claims are complicated, but do not worry. We have a great deal of experience handling these claims, and we will be there with you every step of the way.
What damages can you recover for a swimming pool injury?
Since these claims tend to involve major injuries with long-term consequences, you can recover any of the following:
- Initial medical care and treatment
- Lost wages as well
- Ongoing medical treatment
- Lost earning capacity
- Pain and suffering
Can I still recover compensation even if I was partially at fault?
Often it is a combination of mistakes that leads to injury. If you were partly at fault in the event that caused your injury (e.g., you were running on the deck), this does not prevent you from recovering for your injuries.
Florida follows a pure comparative negligence law, which means that your fault will reduce the amount of your settlement.
What if I was trespassing?
In most cases, you cannot recover compensation if you were trespassing Property owners have no duty of care to trespassers, which means you are liable for your injuries.
However, if the injured party is a child, the owner may be liable. This is because the courts realize that children do not have the ability to appreciate the danger that comes with swimming in a neighbor’s pool alone. If the neighbor did not make a reasonable attempt to close off the pool (e.g., placing a fence around the pool), he could be liable for any injuries that result.
Get help from a Fort Lauderdale swimming pool accident attorney today.
The Law Firm of Anidjar & Levine will review your claim and advise you about the best course of action. We will investigate the incident and explore possible legal options. We will gather the evidence and deal with the insurance company for you. And we will always treat you with the respect and compassion you deserve.
Call us today at 800-747-3733 today to set up your free, no-obligation consultation.