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
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 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 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.
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.
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.