Part of the American dream for many people is to have a swimming pool in their backyard. Barbecues, pool parties, and fun family times are all elements of this experience.
Unfortunately, accidents and serious injuries can occur in and around swimming pools. If you suffered severe injuries in a Florida swimming pool, you may be eligible for compensation. A swimming pool accident and drowning lawyer in Miami, FL, can help.
At the Law Offices of Anidjar & Levine, we have helped victims of swimming pool accidents across South Florida recover compensation for their injuries. We can determine who was at fault for your mishap and hold them responsible for your losses. For a free consultation with a member of our legal team, call us at 1-800-747-3733 today.
Who Is Liable for a Swimming Pool Accident or Drowning Incident?
The at-fault party can vary, but in many cases, the owner of the pool is responsible. This is because, in Florida, property owners owe a duty of care to maintain their premises and keep guests reasonably safe. If you visited a private pool and the owner allowed unsafe conditions to develop, they could be liable for the injuries you suffered as a result. The same idea applies if you visited a public pool.
Our premises liability lawyers will explore all of the possibilities to hold the negligent person or company accountable for the harm you or your loved one suffered. We will obtain records and work with experts when needed to build your case and establish the dollar value for your damages.
What Damages Can I Get With a Swimming Pool Accident Claim?
As with other personal injury cases, you may qualify for damages if someone else’s negligence caused your injuries. That means if the owner or manager failed to keep the swimming pool reasonably safe, and you suffered an accident and injuries because of it, we can request compensation for your damages.
These damages depend on the losses you suffered because of your accident. They can include:
- Medical expenses;
- Lost wages;
- Long-term or permanent impairment;
- Ongoing medical treatment;
- Decreased earning potential;
- Loss of enjoyment of life; and
- Pain and suffering.
We will review the medical records and employment documents to determine a fair amount of compensation for your injuries. We will also calculate your pain and suffering and come to a fair value to compensate you for any loss of enjoyment of life. We often work with vocational and rehabilitation specialists to determine the level of your disability and your lost earning potential.
Can I Get Compensation If Contaminated Pool Water Made Me Sick?
In some cases, contracting a waterborne illness can make you eligible for damages. You can get parasites, intestinal infections, Legionnaires disease, norovirus, E.coli, and other infections from contaminated pool water. Some of these waterborne illnesses can be debilitating or even fatal, depending on the severity of the infection and the immune system of the victim.
If the owner or manager of the pool failed to keep the water clean through regular maintenance, they could be liable for any illnesses swimmers contract as a result.
What Happens in a Drowning Case?
If your loved one drowned in a swimming pool, you may be able to pursue a wrongful death claim. A wrongful death claimant can get such damages as:
- Medical expenses;
- Pain and suffering from the time of injury until the time of death;
- Emotional anguish of loved ones;
- Loss of services and support; and
- Loss of companionship.
Since wrongful death claims often involve large sums of money, you should expect aggressive push-back from the responsible party’s liability insurance carrier. Our attorneys can help you navigate this difficult process as you grieve the loss of your loved one.
Does It Matter If I Was Partly at Fault?
Florida uses the legal rule of pure comparative fault, which means that you can still get some damages for your injuries even if your actions were partially to blame.
If you played a role in causing your accident and injuries, you will receive a reduced amount of compensation proportional to your fault. In other words, if you were 10 percent at fault for your accident, you can only recover 90 percent of your damages.
What Are Some of the Most Common Swimming Pool Injuries?
According to data from the Centers for Disease Control and Prevention (CDC), drowning is a leading cause of unintentional death in people of all ages. About 10 Americans die every day from drowning, and young children are especially at risk.
Submersion injuries—also called near drowning—refers to a situation in which a person survives, at least for a while, after suffocating in water. The victim may survive with no lingering effects, or they may experience permanent damages. Near drownings can eventually be fatal.
Brain injuries can also happen in or around a swimming pool. A person who is running around a pool can slip and fall, hitting their head on a hard surface. A head injury can be lethal if the person loses consciousness and drowns.
Other catastrophic pool injuries involve neck and spinal cord injuries. These are usually the result of diving or jumping into the pool, or engaging in horseplay.
Pool drains can also cause accidents. If a person’s clothing, hair, or body part becomes caught in an unprotected drain, they could be trapped underwater. This can lead to a drowning or near drowning accident.
How Can I Get Help for My Swimming Pool Accident or Drowning Case?
At the Law Offices of Anidjar & Levine, we can discuss your case and determine if you have a valid claim for compensation. We can also offer our legal advice on the steps you should take next. We will not charge you anything for this initial consultation and case evaluation. To get your free consultation, call us at 1-800-747-3733.