South Florida Swimming Pool Accident Attorneys
According to the Centers for Disease Control, there were over 3,400 deaths caused by drowning or submersion in 2007, a rate of 10 unintentional drowning deaths per day. Children under the age of 14 represent 20% of all drowning victims. Drowning is the second leading cause of death for this age group. As many swimming pool accident lawyers can attest, drowning accidents and near-drowning accidents are much more frequent than anyone would like to believe.
The CDC also reports that more than 55% of drowning victims treated in emergency departments require hospitalization or transfer for higher levels of care. Non-fatal drownings can be severe and catastrophic. Near-drowning injuries can include traumatic brain injury (brain damage, memory problems, learning disabilities), spinal cord injuries, and permanent vegetative states.
Swimming pool drownings are preventable. Read our swimming pool & spa safety tips.
While many accidents happen in backyard swimming pools, drownings can also occur in private pools, apartment complex pools, public pools, hotels, resorts, parks, water parks, campgrounds, summer camps, portable pools, and inflatable pools. Common causes of drowning and near-drowning in swimming pools often include lack of supervision (adult, lifeguards, caregiver, babysitter), undertrained lifeguards, lack of or faulty gates, and entrapment or entanglement in defective pool and spa drain covers. The levels of complexity increase depending on the specific situation in which the drowning or near-drowning accident occurred; because of that, it makes sense to work with swimming pool accident lawyers who are experienced and have the knowledge and expertise to see through the variety of variables to the best way to work on your case.
Experienced South Florida Pool Accident Attorneys
Liability in swimming pool accidents and drowning deaths depend on the nature of the accident. Liability may include premises liability (slip and falls), negligence, or product liability (defective product). It is important to work with a drowning accident attorney that is comfortable with a range of areas of personal injury law, to make sure that all avenues are explored in the process of pursuing your claim.
- Regarding premises liability: the property owner has a responsibility to take reasonable precautions to make sure that his or her swimming pool is safe for users or anyone else on the property, including trespassers. As many swimming pool accident attorneys can advise you, the wording of this legal guideline sounds straightforward, but can actually be quite difficult to argue, depending on situation and circumstances.
- Regarding negligence: a person is liable if they were negligent in causing the accident. Negligence is the failure to do what a reasonable person would have done under similar circumstances. This can include improper pool maintenance; improper pool installation; lack of pool fencing, locked gates, pool covers, or warnings; and hiring unqualified lifeguards or lifeguard. Negligence is one of the important tenants upon which all swimming pool accident attorneys base their arguments on your behalf.
- Regarding product liability and defective pool parts: the manufacturer or seller of a defective swimming pool or related equipment is held liable for placing that defective product in the hands of a consumer. This can include design defects, manufacturing defects, and marketing defects. There are several responsibilities that manufacturers and sellers of products of all kinds are expected to live up to, and an experienced drowning accident attorney keeps abreast of the newest statutes and precedents to make sure he or she is well-versed and can represent you fully.
Frequently Asked Questions Regarding Swimming Pool Accident Cases
In personal injury law, swimming and drowning accidents is a very niche area but these accidents are quite common in South Florida. There are many homeowners with pools in Florida, and there are also many community pools.
Here are some of the most commonly asked questions when it comes to swimming accidents that an experienced South Florida swimming accident law firm can assist with:
Is there a difference between public and private pools in terms of accidents?
Swimming pool cases have a set of laws that apply only to swimming pools because of the amount of pool-related accidents that Florida sees each year. There are differing laws for private pools compared to public pools.
Can I sue if I slip and fall at public or private pool?
This answer is very complicated and depends on the specific circumstances surrounding your case. In order to receive compensation for a slip and fall at a pool, you must prove that the pool owner was negligent when it comes to safety. This can end up being quite difficult to prove in many cases and will require a thorough investigation and review.
What are the common types of accidents with swimming pool cases?
- Slip and Fall Injuries
- Limb Injuries (i.e. broken bones or lacerations)
For you to be able to pursue your claim to the best advantage, you should feel comfortable with your swimming pool accident attorney, and you should trust him or her to do the best for you. While every case is highly individual, no attorney should have any problem with giving a track record of the cases they’ve worked on.
An experienced South Florida drowning accident lawyer should also be able to provide you with clear and concise answers in terms of how they would go about pursuing your claim; when we consult with you for the first time we will take pains to get the most details from you that we can, and answer any questions that you have about the strength of your case, the basic strategy that we will be putting into place, and other factors that you should take into consideration when you’re making your decisions. We want you to feel comfortable working with us.
Consult our Swimming Pool Accident Lawyers in South Florida
If you or a loved one has been injured or killed in a swimming pool accident, pool drowning, or near drowning accident and would like to learn more about your legal rights, please contact Zimmerman & Frachtman online or call (954) 509-1900. We offer free consultations and charge you only if we win your case.