Florida Swimming Pool Accident Attorneys
Swimming pools are a staple in many Florida homes and communities, but they are also a hazard. Spring Hill swimming pool accident lawyers at Holliday Karatinos Law Firm, PLLC offer experienced legal representation to individuals who were injured in swimming pools. Our dedicated team of attorneys has more than 50 years of combined legal practice. We can provide the seasoned advocacy you need to obtain compensation for your swimming pool accident injuries.
Serious Injuries Happen in Swimming Pools
Drowning and near-drowning accidents in swimming pools cause a number of deaths and injuries. The Centers for Disease Control (CDC) reported that 3,555 people died in 2011 from accidental drowning and submersion. Approximately 6,500 injuries were caused by near-drowning accidents in 2012. Moreover, two of the 10 people who die every day from drowning accidents in the United States are under the age of 14. Florida has the highest drowning rate of all states among children younger than 14, according to the Florida Department of Health.
A number of factors cause swimming pool accidents, including:
- Ineffective pool barriers
- Lifeguards who are unqualified or fail to adequately supervise pools
- Poorly maintained pools and decks
- Malfunctioning equipment, such as drains
Premises Liability for Swimming Pool Accidents
If a person is hurt in a swimming pool accident, the property owner may be liable for any injuries. Many swimming pool accidents are the result of a property owner’s negligence, and you can hold the owner accountable for your injuries.
To hold the owner accountable, you must show that the owner had a duty of care, breached the duty, and caused your injuries by the breach. Property owners in Florida have a duty to maintain their premises in reasonably safe conditions and to warn others of any dangers they know or should know. If a property owner fails to uphold that duty and causes injuries, it may be accountable for the resulting harm. If a hotel guest is injured because there were no lifeguards on duty at the hotel pool, for example, the hotel may be liable if it failed to warn guests of the lack of lifeguards.
A residential property owner may be negligent if he or she violates Florida’s Residential Swimming Pool Safety Act. This law requires residential property owners to protect frail adults and children on the property by equipping pools, hot tubs, and spas with at least one safety feature, such as a pool barrier or cover. A property owner who violates the law may be liable under a theory of negligence per se. This means that you need to show only that the property owner’s carelessness caused your injuries. You don’t need to prove that the property owner had a duty and breached it.
Property owners may be liable for injuries to trespassing children, although not to trespassing adults, if they have a swimming pool on their property where the child is injured. A property owner is liable for a swimming pool accident injury to a trespassing child if the pool is located where the property owner should have known that children were likely to be, if the child was too young to know the danger posed by the pool, and if the property owner should have known that the pool posed a risk to children.
You may seek compensation for your swimming pool accident injuries. You can potentially recover for your medical expenses, lost wages, and pain and suffering. You also can file a wrongful death action if your relative died in a swimming pool accident. You may obtain compensation for your loved one’s medical and funeral costs, loss of companionship, and more. You have four years from the date of the accident to file a personal injury claim and two years to file a wrongful death claim.
Knowledgeable Legal Guidance
At Holliday Karatinos Law Firm, PLLC, our North Tampa personal injury attorneys have helped victims recover damages from the parties responsible for their injuries. Our lawyers offer knowledgeable legal guidance, honed through years of experience handling premises liability matters. We are prepared to help you seek appropriate compensation for your injuries. Call us at (866) 597-0009 or complete our online form for a free consultation today.