Miami Swimming Pool Accident Attorney
Drowning is one of the leading causes of death of young children in this state. When people take their families to a swimming pool or spend the day in a friend’s backyard pool, the last thing they expect is a serious drowning accident. Unfortunately, thousands of these cases happen every year. Whether you believe an employee negligently operated a ride, you suffered a needless injury due to a manufacturer defect, or the park failed to maintain an attraction, speak with a Miami injury lawyer as soon as possible.
The swimming pool accident attorneys at Suarez & Montero will assist you every step of the way so you can spend time on what matters. If we take your case, we’ll ensure you get the best service possible.
Miami Swimming Pool Accidents: What Do Statistics Shows?
Swimming pools should be a source of fun, not injury. However, swimming pools can also be incredibly dangerous. Swimming pool accidents are a leading cause of death for children aged 1-4, varying among the top 5 depending on where you are in the world. The CDC have found that three children lose their lives every day, and even if deaths don’t occur, near-drowning incidents result in life-altering injuries.
Unfortunately, Florida leads the nation in child drowning deaths every year. In 2018, about 55 children were killed in drowning accidents in Florida. That’s an increase from the year before when 40 children were killed in swimming pool accidents. The majority of those drownings took place in residential homes. All of these victims were children under the age of 16, while 80 percent of the fatal drownings involved children under the age of 5.
Common Swimming Pool Injuries
The vast majority of swimming pool accidents occur at home or at a friend’s home. Most people’s home pools don’t have adequate fencing or safety measures in place and for this reason drownings and severe injuries are more common in residential homes. These accidents often lead to serious injuries such as broken bones, back injuries, spinal cord injuries, head injuries, neck injuries and wrongful death.
In most cases, injuries from swimming pool accidents are life-changing and lead to surgeries, specialist visits, medications, the loss of the ability to work, and significant pain and suffering. Common swimming pool accident injuries include:
- Slip and fall injuries
- Diving board injuries
- Broken bones
Why Do Swimming Pool Accidents Happen?
Property owners with swimming pools are supposed to provide a safe swimming environment for both children and adults. If a property owner of a swimming pool fails to provide a safe swimming environment, they can be held legally accountable for any injuries or deaths sustained in their swimming pool. Some of the most common causes of swimming pool accidents include:
- Diving board accidents
- Malfunctioning or defective diving boards
- Inadequate pool maintenance
- Lack of supervision
- Inadequate warning signs or fencing
- Inadequate pool lighting
- Damaged or absent pool ladders
- Improperly trained pool staff (or absent pool staff)
- Missing safety equipment
Taking Immediate Steps after Swimming Pool Accident
The severity of injuries associated with swimming pool accidents range from permanent disabilities for some adults and children to severe head injuries and broken bones. Even when non-fatal, swimming pool accidents can lead to devastating consequences. Thus, the steps taken in the aftermath of a swimming pool accident are extremely important.
Here are five steps you should take if you or a loved one is involved in a swimming pool accident in Florida:
1. Get to a Doctor or Call 911 Immediately.
2. Report the Accident to the Police.
3. Document the Scene of the Accident Immediately.
4. Don’t Admit Fault or Talk About the Accident.
5. Call an Experienced Personal Injury Lawyer.
Liability For Swimming Pool Accidents
Florida law requires an owner to use reasonable care to ascertain that the premises are reasonably safe for invitees and to use reasonable care to protect invitees from unreasonably dangerous conditions. The duty to protect invitees from unreasonably dangerous conditions is further broken down into two specific and independent duties: (1) to use reasonable care in maintaining the property in a reasonably safe condition; and (2) to warn of dangers of which the owner knew, or should have known, existed and which are unknown to the invitee and cannot be discovered through the invitee’s use of reasonable care.
Why Choose Our Accident Attorney for Swimming Pool Accident Injuries in Miami
After an accident in which you or your loved one has been injured, you should seek legal advice as soon as possible. Premises liability cases can sometimes present complex issues. If you or your loved one were injured in a swimming pool accident, you may have the right to monetary recovery. When one files a lawsuit against a homeowner or owner of a public swimming pool, there are multiple types of damages you can obtain. These depend on your specific circumstances, as each type may not be relevant to your case. Additionally, the value of each class of compensation will vary depending on your circumstances and other factors. Here are some of the types of compensation available in a swimming pool accident claim : medical bills and expenses, future medical care, lost wages, loss of earning capacity, scarring and disfigurement, and pain and suffering.
Thus, it is important to retain a plaintiff’s attorney with a track record of success in this area who can make sure you get the most favorable outcome possible. Call the experienced attorneys at Suarez & Montero. An experienced attorney will know how to handle your case properly and protect your rights.
Frequently Asked Questions
If you have been injured while swimming on another person’s property, you have four years from the date of the accident to bring a case. You will want to speak with an attorney as soon as possible in order to preserve your claim.
Premises liability refers to an injury that takes place due to unsafe conditions on another’s property. Under this legal principle, property owners are required to keep their property safe for visitors, which means maintaining the property and taking care of any hazards that may be present.
In states like Florida that recognize the special statuses of invitees and licensees, an owner of a public pool has a duty to reasonably maintain and repair the pool to injuries to them. Typically, the highest degree of care is owed to invitees. Invitees in this context are members of the public who are invited to use the pool.
Pecuniary damages are damages that have a discernible, quantifiable monetary amount attached to them. Examples include medical bills, property damage and loss of wages. These are typically things like pain and suffering, loss of quality of life, future wages and emotional distress.
Slip and fall is a term used for a personal injury case in which a person slips or trips and is injured on someone else’s property. These cases usually fall under the broader category of cases known as “premises liability” claims. Slip and fall accidents usually occur on property (or “premises”) owned or maintained by someone else, and the property owner may be held legally responsible.