The Law Offices of Anidjar & Levine understands the suffering that families go through when a loved one sustains a spinal cord injury, head injury, or other serious injury because of a pool operator’s negligence. The tragedy multiples if a loved one drowned in a swimming pool accident.
Call us today at 1-800-747-3733 to schedule a legal consultation with a swimming pool accident & drowning lawyer in Jacksonville, FL. After determining if you have a case, we can investigate your swimming pool accident, file a personal injury claim or lawsuit on your behalf, and negotiate a settlement.
You may be eligible to recover compensation for damages such as hospital bills, medical bills, lost wages, physical therapy, and much more. If your loved one drowned in a swimming pool accident, you may be entitled to recoup funeral and burial expenses for their wrongful death.
Establishing Liability in Residential Swimming Pool Accidents
It may not be difficult to establish liability against a homeowner with a swimming pool if we find that the homeowner violated any portion 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 put Florida Statute §515.23 in place 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 old 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.
To pass final inspection, a residential swimming pool must meet numerous requirements, including the following:
- Having a barrier that meets certain characteristics, including being at least 4 feet high on the outside without any gaps or openings that would allow a young child to crawl under, squeeze through, or climb over.
- 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 develop a checklist to make sure the pool owner followed the state’s Residential Swimming Pool Safety Act.
Public Swimming Pool Owners Run Liability Risks
The state has also put safety standards in place for public swimming pool operators, such as the city of Jacksonville and area hotels.
If you suffered an injury in a public pool, a swimming pool accident & drowning lawyer can investigate your accident to investigate if the operator failed to keep the public swimming pool in a safe condition. We can help you prove that the swimming pool operator knew or should have known about the pool’s dangerous conditions but failed to correct them or warn visitors about them.
Collecting Evidence to Prove Your Claim
Pursuing a personal injury case involving a public pool can become complex because of the evidence needed to prove the pool operator’s negligence caused you or your loved one’s injury.
But our firm has the resources to help you collect the evidence needed to prove negligence. This evidence may include:
- 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
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 pool and provide safety equipment, such as 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.
We can help you determine how the public or private swimming pool owner failed you or your loved one and violated state and local safety standards and laws.
Damages You Can Recover in a Swimming Pool Accident
Once we help you prove how the swimming pool owner’s negligence caused your or your loved one’s injury, you can pursue compensation for such damages as:
- Your medical bills and costs for ongoing treatment
- Current and future lost wages
- Loss of earning capacity
- Physical therapy
- Funeral expenses
- Pain and suffering
Recovering Compensation from Local Governments
Florida’s sovereign immunity rule protects state and local governments from certain types of lawsuits. Sovereign immunity, however, can be waived after a claimant proves that the negligence or recklessness of government employees caused injury or harm to others.
If 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. We can then help you prove your claim so that you can recover compensation from the government entity.
Let Us Help You Recover from Your Swimming Pool Accident
The Law Offices of Anidjar & Levine can help you and your family in your time of need by discussing legal options to pursue to recoup financial losses from your swimming pool accident.
Call us today at 1-800-747-3733 to schedule your free, no-obligation legal consultation with a swimming pool accident & drowning lawyer in Jacksonville.