Swimming Pool Accidents
Taking a dip in the pool is a popular way to cool off and have fun in Florida. However, swimming pool accidents are disturbingly common. An average of nine people drown every day across the country. At the Dean Law Firm, our lawyers are familiar with the premises liability claims that injured individuals in Ocala and elsewhere can bring to assert their rights.
The most common victims of pool accidents are children. According to the Florida Department of Health, this state has the highest drowning rate of children under 14 throughout the U.S. Injuries and death to children sometimes happen even when they are supervised, and sometimes the medical complications of hypoxia for a child cannot be fully known until months after an accident. The experienced attorneys at the Dean Law Firm represent the victims of swimming pool accidents and their families in seeking financial compensation for their losses.Bringing a Negligence Claim After a Swimming Pool Accident
Swimming pool accidents can cause many serious medical issues, such as loss of memory, cognitive difficulties, and lack of coordination due to the lack of oxygen to the brain during the time when the accident victim was drowning. Some of the harm may be permanent. When long-term disabilities or loss of basic functioning are involved, the victim may need medical care and assistance from a caregiver for the rest of his or her life.
The victim or his or her representative can bring a premises liability lawsuit to recover losses if another party caused the accident through his or her negligence or recklessness. Florida provides that a pool owner can be held responsible for drowning accidents if the plaintiff can show the owner's duty of care, a breach of that duty, a causal link to the victim’s injuries, and quantifiable damages. All property owners have a duty to maintain their premises in a reasonably safe condition and warn of any non-obvious dangers, such as a sudden drop in the depth of the pool or a lack of lifeguards.
The Residential Swimming Pool Safety Act requires all pools, hot tubs, and saunas to be covered or to have another barrier to protect vulnerable adults, such as disabled people, or children. If a child is the victim, the pool owner can be held responsible under the "attractive nuisance doctrine" even if the child trespassed. A violation of this law may give rise to a claim of negligence per se, in which negligence is presumed and need not be proven.
In some cases, such as when pool equipment is defective, another party other than the property owner or occupier may be held responsible. Manufacturers or repairmen may also be subject to liability.Consult an Ocala Lawyer for Advice on Your Slip and Fall Case
At the Dean Law Firm, we understand the toll that catastrophic injuries arising out of swimming pool accidents can take on victims and their families. Our slip and fall attorneys have experience pursuing compensation for people who have suffered avoidable harm as well as for families coping with a loved one's wrongful death. Call us at 352-387-8700 or contact us via our online form. We represent accident victims throughout the state, including those in Crystal River and The Villages as well as Levy, Marion, Sumter, Lake, and Citrus Counties.