Swimming pools are a common fixture on Florida residential properties. With the ideal weather year-round, you can swim laps in the morning and take a dip to cool off in the afternoon. Unfortunately, swimming pools can also be extremely dangerous. According to the Centers for Disease Control, there were over 3,400 pool-related deaths in 2007, and there is an average of 10 unintentional drowning deaths each day. Drowning accidents and near-drowning accidents are often preventable; however, even if non-fatal, victims can suffer from severe, life-long complications.
The Common Causes of Swimming Pool Accidents
Swimming pool accidents and deaths occur for many reasons in the U.S. Just some types and causes of these devastating accidents include:
- Negligent supervision
- Lack of pool fencing
- Inadequate or faulty diving boards
- Shallow pools
- Slippery surfaces
- Pool drain issues
- Being trapped by pool covers
- Poor pool maintenance
- Improperly constructed and/or designed pool
Can I File an Injury Claim?
Liability for swimming pool accidents and pool-related deaths depends on how the accident occurred. In these types of cases, liability can include premise liability, negligence, or product liability. It is important to consult an accident attorney in Florida to explore your options for an injury claim. Three routes an injury attorney can take to secure compensation include:
- Premise Liability – A pool owner has a legal responsibility to take every reasonable precaution to ensure their swimming pool is safe for swimmers and others on the property, which can include trespassers. Proving premise liability, such as for a slip and fall, can be difficult to argue and requires the plaintiff to prove that the owner failed to exercise a duty of care to those on their property.
- Negligence – A pool owner can be liable for injuries or deaths if they were negligent and that negligence caused the accident. This means the plaintiff must prove the pool owner failed to do what a reasonable person in a similar situation would have done. This can include failing to maintain a pool, having a lack of fencing around the pool, using inadequate pool covers, or improperly installing the pool.
- Product Liability and/or Defective Pool Parts – Sometimes, it is not the owner’s fault that a person was injured in their pool. The manufacturer, installer, or retailer can also be held liable if their products were defective. These claims can include manufacturing defects, design defects, or marketing defects (such as a product sold or marketed in a way it was not intended).
Speak With an Attorney – Contact Hancock Injury Attorneys Regarding Your Pool Injury
If you or a loved one has been injured in a pool accident, you need to consult an attorney. Mike Hancock can review the facts of your case and help determine not only if you have a claim, but that you have the proper type of claim to ensure you receive compensation for your injuries. Call 813-915-1110 or fill out an online contact form to schedule your free consultation with a personal injury attorney.
