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Swimming Pool Accident

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve.

    Drowning Accident Lawyer

    According to the CDC, there are over 3,500 fatal unintentional drownings every year. Thanks to our fabulous weather, many residents of Miami have pools in their backyards, or take trips to their public swimming pools. A fun day in the sun can quickly turn tragic.

     

    That is where we come in. Our team at Panter Law is ready to help you if you or a loved one has been a victim of a swimming pool accident. If the worst has happened and someone has been drowned accidentally, we can help. Panter Law is also capable of helping people who have been injured as well.

    Read more to find out what we can do for you.

    Causes of Swimming Pool Accidents

    There are many different causes of swimming pool accidents. Some of the most common causes include:

    • Improper Barriers (Faulty, Unlocked or Unsecured Gates)
    • Insufficient Supervision or Absence of Lifeguard(s)
    • Incorrectly Positioned Diving Boards
    • Inadequate Depth Markers
    • Defective or Absent Pool Drains
    • Failure or Lack of Anti-Entrapment Devices
    • Poor Lighting
    • Poor Water Quality or Clarity
    • Uneven or Slippery Decks
    • Defective Equipment or Code Violations
    • Overcrowding
    • Intoxication
    • Seizures

    Swimming Pool Accident Injuries

    Because there are so many contributing factors and causes of swimming pool accidents, various types of injuries can occur. The most obvious one is drowning. But others can happen, such as broken bones or sprains. It is also important to note the possibility that not all symptoms related to the injuries will show up right away, especially as it relates to neck and spinal cord injuries.

    One of the best things you can do is get examined by a licensed physician as soon as possible. They will be able to tell you what your injuries or ailments are, and provide you with the relevant documentation required in the event you decide to file a claim.

    Liability In Swimming Pool Accident Cases

    Owners of both public and private swimming pools can be held liable for your injuries and other losses.

    This means that legally, if an accident has happened in their pool, you can sue them. That being said, there are a few legal terms it would be helpful to know in order to give you a clear understanding of what is at play in these types of cases.

    Strict Liability

    Strict liability attaches to pool owners and pool operators. Strict liability is a concept in civil law stating that a person can be held liable for harm to others that results from owning inherently dangerous animals, materials, drugs or structures. Under tort law, strict liability attaches to the owner of something considered inherently dangerous, regardless of fault: If young children trespass on property and wander into a tool shed that has blasting caps in it, the owner of the shed may still be held liable for their injuries.

    Even if pool owners are not in violation of any codes, they can still be held liable for injuries in cases where they fail to plan for children or vulnerable adults wandering unattended onto their property. If a private pool is not properly secured, it may serve as what is known as an attractive nuisance, which also attaches strict liability to the pool’s owner.

    Premises Liability

    Premises liability law revolves around someone being on another’s property. As part of that, the court questions whether the property owner did as much as possible to prevent accidents and ensure the safety of those entering the premises. For example, if the ladder in the pool was too rusty and no one was able to use it, the property owner could be held liable for any damages that occurred there. Similarly, if they created any other unsafe situations, then they would be able to be sued.

    Attractive Nuisance

    Children can be lured onto your property if they see a swimming pool and want to play in it. Even if someone did not explicitly invite the child onto their property, it is still possible for them to be sued. This is due to the attractive nuisance doctrine. An attractive nuisance is something that draws children in but threatens them with harm.

    The attractive nuisance doctrine holds that it is natural for children to want to go towards a pool. As such, it is the responsibility of the owner to make sure that the pool is out of sight and out of mind. This can be done either by building a fence around the pool, covering the pool, or otherwise doing what a reasonable person would do to reduce their risk.


    Swimming Pool Accident Attorney Miami

    Our team at Panter Law is ready to help you today. Our experienced team has already won many cases throughout Florida. If you have been hurt, the only thing that you should have to worry about is getting better, and our attorneys can take care of the rest. 

    If the worst has happened, and someone close to you has drowned, then call us. We can take care of you. Call Panter Law today.

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    Panter, Panter & Sampedro
    Panter, Panter & Sampedro

    Personal Injury

    Frequently Asked Questions

    • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

      We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

      We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

    • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

      Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

      Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

      When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

      Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

    • No recovery, no fees.

      We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

      At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

      Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

      In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

      • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
      • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
      • The client pays no fees whatsoever, hourly or otherwise.
      • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
      • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
    • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

      Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

      Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

      Personal injury cases can involve:

    Personal Injury

    Traffic Accidents

    Medical Malpractice

    Premises Liability

    Product Liability

    Catastrophic Injuries

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