At the Law Offices of Anidjar & Levine, we understand how quickly an enjoyable dip in a Miami Gardens swimming pool can turn into a traumatic injury accident. If this has happened to you or someone you love, our dedicated lawyers can help you to pursue compensation for your financial and emotional losses.
We can help determine fault for the swimming pool accident, file an injury claim, and negotiate a fair settlement for your medical bills, lost wages, pain and suffering, and other damages.
A swimming pool accident lawyer in Miami Gardens, FL can discuss your legal options and help you recover compensation. Call us today 1-800-747-3733 for a free consultation.
Investigate Your Swimming Pool Accident
Before we can recover compensation, we will investigate your swimming pool accident. In some instances, injuries can occur because of:
- Defective equipment (broken ladders, damaged diving boards)
- Defective drains or drain covers
- Few or no lifeguards
- Low water levels
- Inadequate fencing
- Faulty pool alarm
- Missing or broken pool cover
In our investigation, we will also identify the public or private swimming pool owner or operator, so we can determine if this party is liable for your injuries.
Establish Fault for Your Accident
To build a personal injury claim, we conduct a thorough investigation of your swimming pool injury accident. We do this by collecting evidence that shows how a hazardous condition in or near the pool caused your injury.
The evidence we collect may include:
- An incident report or police report that documents your accident
- Photographs of your injuries
- Pictures of the location where your injury took place
- Your medical records
- Eyewitness statements
We do not limit our evidence to this list. For instance, we may discover past reports of similar accidents against the same swimming pool owner. These could indicate an on-going problem and strengthen your case.
Florida’s Premises Liability Laws May Apply to Your Claim
Under Florida’s premises liability law, commercial or private property owners have a responsibility to maintain safe premises for their guests.
The law applies to pool owners including homeowners, municipalities, apartment or condo complexes, hotels, and campgrounds. This means when an injury occurs because of a swimming pool owner’s negligence, the owner can be held liable for that injury.
It is important to note that premises liability law does not hold swimming pool owners liable for injuries suffered by trespassers.
Pool Owners May Be Held Responsible for a Child’s Injury
Too often, we hear about young children drowning or experiencing a near-drowning in a swimming pool. Trespassing laws may not apply to children six years old and under, because young children do not understand the dangers of swimming without an adult present.
To safeguard children under six and medically frail senior citizens, Florida’s legislature enacted the Residential Swimming Pool Safety Act (RSPSA). The RSPSA requires owners of new swimming pools to follow safety guidelines designed to reduce the number of drownings and near-drowning incidents.
If your child suffered an injury or died because of a pool owner’s negligence, we can help prove the pool owner did not follow the state’s swimming pool safety laws.
Call a swimming pool accident lawyer in Miami Gardens, FL today at 1-800-747-3733 for a free consultation.
Recovering Damages From a Swimming Pool Injury Accident
We can estimate the value of your case by calculating all the damages you suffered from your swimming pool accident. The value of a claim primarily depends upon the severity of your injury. As a result of your injury, you may be entitled to recover damages for your:
- Present and future medical expenses
- Present and future lost wages
- Loss of earning capacity
- Pain and suffering
We Can Negotiate a Settlement for Your Injury Claim
We will file a claim with the pool owner’s insurance company and negotiate a settlement on your behalf. Our swimming pool accident lawyers in Miami Gardens have extensive experience filing insurance claims and are prepared to fight on your behalf.
We take on insurance adjusters who try to save money by offering a low settlement or denying your claim. We are not easily deterred and will work hard to get you the compensation that you deserve.
Filing a Wrongful Death Lawsuit
If your child or loved one drowned in a swimming pool accident, you may be able to file a wrongful death lawsuit.
A wrongful death claim may allow you to recover compensation for damages you suffered because of your loved one’s death, such as funeral expenses, medical expenses, and lost wages.
Recovering Compensation From Local Governments
In some cases, the government that operates swimming pools for public use may be liable for an injury accident. Sovereign immunity, however, protects governments from personal injury lawsuits unless the government waives immunity.
You must follow specific rules to file an injury claim or lawsuit against the government. Failing to follow these rules could result in losing your right to recover compensation.
If you were injured in a public pool, your swimming pool accident attorney will file all the paperwork in a timely manner and protect your right to compensation.
We Can Help You With Your Swimming Pool Injury Accident
If you or your loved one suffered injuries in a swimming pool accident, turn to the Law Offices of Anidjar & Levine. We protect your rights to recover compensation from the liable party.
We work on a contingency basis, which means we don’t get paid unless we win your case. Call us today at 1-800-747-3733 to schedule a free consultation.