At the Law Offices of Anidjar & Levine, we understand how a time of fun and relaxation at a Palm Bay swimming pool can turn disastrous for you or your loved one. If you sustained a severe injury or your loved one drowned in a swimming pool accident, you may have legal options available to pursue compensation for your losses.
A swimming pool accident lawyer in Palm Bay, FL can investigate your swimming pool accident and build a solid case to recover compensation for your damages. To learn more about your legal options, call 1-800-747-3733 for a free, no-obligation consultation.
Homeowners May Be Responsible for a Residential Swimming Pool Accident
If you or your loved one’s swimming pool accident occurred at a private residence, the homeowner may be liable for any harm you or your loved one suffered.
One way to establish liability is determining whether the homeowner violated Florida’s Residential Swimming Pool Safety Act. The act requires homeowners to have certain safety features at or near their pools, such as:
- A barrier at least four feet high that does not have any gaps or openings that a small child can crawl under or squeeze through.
- Gates that open outwards, are self-closing, and have a self-latching locking device.
- An exit alarm on doors and windows with direct access from the home to the pool.
We know the provisions of the state’s Residential Swimming Pool Safety Act and can help you determine whether a homeowner violated any part of the law. If they did, we may be able to file a premises liability claim against them to recover compensation for your injuries.
Public Pool Owners Must Also Meet Safety Requirements
Florida also established safety standards for operators of swimming pools used by the general public. These operators can include local hotels and even Palm Bay’s Parks and Recreation Department.
If your accident occurred at a public pool, we can help you establish how hazardous conditions at the pool, or the negligence of the pool owner or employees, caused harm to you or your loved one.
Injured parties can hold public pool owners liable for an injury accident if the owner knew or should have known about any hazardous conditions at the pool but did not warn guests or make repairs.
Investigating Your Swimming Pool Accident
We will investigate your accident by gathering evidence to support your injury claim. Our investigation may include collecting evidence, such as:
- A police or accident report of the injury or drowning
- A swimming pool inspection report
- Video footage of the swimming pool accident
- Photos of the pool area to show lack of warning signs, emergency safety equipment, broken safety gates, or broken ladders
We may also obtain a copy of your or your loved one’s medical records that establish a link between the serious or fatal injuries and the swimming pool accident.
Proving Negligence in a Swimming Pool Accident
To recover compensation in your injury case, we must prove how the negligence of the public or private swimming pool owner caused your injuries. To do this, we must show the following elements of negligence:
Duty of Care
The owner has a duty to take reasonable steps to keep pool users safe.
Breach of Duty
The owner breached this duty by failing to maintain and repair the pool or provide other measures to keep pool users safe.
The pool owner’s negligence caused an accident that injured you or your loved one.
You suffered financial, emotional, or physical damages.
Swimming Pool Owners and Trespassers
Swimming pool owners might not be liable for accidents involving trespassers.
There is an exception, however, when it comes to young children because they do not understand the dangers of being in a swimming pool alone. A pool owner may be liable if state-mandated safety features were not in place at the time a young child gained access to the swimming pool.
Recovering Damages in a Swimming Pool Accident
A swimming pool accident can cause a wide variety of serious injuries and even lead to a drowning. Depending on the severity of your injuries, you may be entitled to compensation for any of the following:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Assistive mobility devices
- Pain and suffering
Filing a Wrongful Death Claim
If your loved one drowned in a pool accident, we may be able to file a wrongful death claim on your behalf. You may be eligible for compensation for your loved one’s funeral and burial expenses, physical pain and suffering, and lost wages. You may also be entitled to damages for loss of support and services, loss of companionship, and other damages.
We Negotiate a Settlement on Your Behalf
After we collect evidence to prove negligence, our Palm Bay injury lawyers can file an injury claim with a pool owner’s insurance company and negotiate the claim on your behalf. If necessary, we might need to file a personal injury lawsuit if an insurer does not offer a fair settlement.
Call Us Today for a Free Consultation
You do not have to face an insurance company alone over your swimming pool accident. The injury lawyers at the Law Offices of Anidjar & Levine can stand with you as you pursue compensation for your losses.
If you are not sure about the next legal steps to take after your swimming pool accident, call us today at 1-800-747-3733 to schedule a free, no-obligation consultation.