To many, swimming is a popular pastime both for fun and fitness. According to information compiled by the Centers for Disease Control and Prevention, swimming is the fourth most popular recreational activity in the United States. Swimming is extremely popular amongst children and teenagers aged between 7-17. Although swimming can be fun, there are many safety hazards involved with the practice that can result in the personal injury of someone, and these are worth being aware of. These swimming pool accidents can occur both in and around the swimming pool. Injuries do not just occur in public and private pools but also with portable pools, wave pools, and water parks too.
If you or a loved one have been involved in a swimming pool accident, you should seek legal assistance as soon as possible. With the help of a swimming pool accident attorney, you will be able to file a lawsuit and seek compensation for the injuries and damages sustained from the accident. At The Law Place, our team of experienced personal injury attorneys has a plethora of experience in dealing with swimming pool accidents and will be able to guide you smoothly through this legal process. Upon calling, each client receives a free consultation and case review from a member of our team. This is a non-obligatory service, meaning that the information that you share will remain private due to our attorney-client relationship standards. As a reputable law firm, we pride ourselves on our ability to help people, not just in Bradenton but across the entire State of Florida.
Do not hesitate to contact us. Our telephone lines are available at all points of the day, 24 hours a day, 7 days a week. Contact us today at (941) 444-4444 to speak to a swimming pool accident lawyer and receive your free case evaluation.
Which Laws Apply to Swimming Pool Accidents in Bradenton, Florida?
In Bradenton, both country-wide federal laws and state laws that are specific to Florida apply. If you or a loved one have been involved in a swimming pool accident, the following laws might be applicable to your case:
- Gross negligence – This refers to the instance where the owner of the swimming pool has violated their duty of care. This includes having a blatant disregard for those who have access to the swimming pool and its facilities. If the swimming pool owner was aware of a safety hazard or fault within the pool but failed to take action to prevent it, they can be found to be grossly negligent.
- Premise liability – These laws state that the owner of a swimming pool is solely responsible for the maintenance and safety of the area as part of their duty of care.
- Attractive nuisance – This is a law that deals with swimming pool accidents that involve young children. If a swimming pool is attractive for children, which in most cases they are, then the swimming pool owner is responsible for ensuring that all the correct safety measures are upheld at the site. If they fail to do so, they are liable for any injury that may happen to a child. A way to prevent this is by using alarm systems or protective fences. These can protect both the child and prevent any sort of swimming pool accident.
- Virginia Graeme Baker Pool and Spa Safety Act – In 2007, this law was passed to increase pool safety. It means that pool owners have to take active steps to prevent swimming pool accidents, such as installing fences or drain covers.
For a free legal consultation with a swimming pool accidents lawyer serving Bradenton, call 941-444-4444
What Are the Common Causes of Swimming Pool Accidents in Bradenton?
In most cases, swimming pool accidents occur due to a fault by the property owner or pool manager. This is usually as a result of them failing to abide by pool standards as required by law in Florida. The information regarding what is expected from pool owners can be found in Florida Statute 515.21. In some cases, the fault of the injury may lie with the swimmer or their guardian. Listed below are some of the common causes of swimming pool accidents in Florida:
- Improper barriers – By law, a swimming pool in Florida is required to have a fence or a barrier that is 4ft around the pool. This helps reduce the risk of accidental drowning in the pool, especially in young children.
- Pool location – This problem occurs mainly in residential area settings. If the pool is easily accessible for a young child, there is a higher risk of an accident occurring that results in drowning.
- Poor pool supervision – In some cases, the cause of an accident could be due to the supervision present at the pool. Inadequately trained lifeguards or pool attendants may not have the appropriate skills and knowledge involved to save a life. Equally, no young child should be unsupervised at a pool. Even small pools, although only a few inches deep, can cause an accident.
- Under the influence – Alcohol is commonly known for its ability to affect both your judgment and coordination. For this very reason, many public pools and waterparks ban alcohol. However, for the popular events of pool parties, it is likely alcohol will be present.
- Poor pool maintenance – This refers to things like broken glass, cracked tiling, unsafe decking surrounding the pool, and improper use of pool chemicals. If any of these are wrong, this could then cause serious injuries to others. It is the responsibility of the property owner or manager to maintain the pool.
- Unsafe pool products – This refers to things such as defective drains, slides, ladders, and diving boards. All have the potential to hurt someone.
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Injuries That Can Happen From a Swimming Pool Accident
Lots of injuries can happen as a result of a swimming pool accident, and they vary in terms of severity. For example, traumatic brain injuries (otherwise known as TBIs) are the second most common kind of injury from swimming pool accidents. They can happen when a person’s brain is deprived of oxygen from being under the water for too long.
Spinal cord injuries are also common. This is an injury sustained when vertebrae are cracked or shattered from diving into shallow water, striking a diving board, or hitting the side of the pool. Some spinal cord injuries can be healed with surgery, but others might leave the person either partially or completely paralyzed.
Listed below are other injuries that could be sustained at a swimming pool:
- Broken bones.
- Broken teeth.
- Cuts, bruises, scratches, and scrapes.
- Electrocution.
- Entrapment injuries due to suction from drains.
- Infections that result in loss of hearing and/or vision.
- Injuries from sharp objects, such as broken tiles, glass, and metal shards resulting in the amputation of digits or limbs, depending on the injury.
- Slip and fall injuries.
- Wrongful death.
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What Compensation Can I Claim for Wrongful Death Caused by a Swimming Pool Accident?
If your loved one has wrongfully lost their life due to the negligence of another, you are entitled to file a wrongful death claim. Wrongful death is defined as a death caused by the wrongful act of another person, either through accidental or intentional means.
At The Law Place, we understand how upsetting this situation is. We also recognize that no amount of compensation will help replace the loss of a loved one. However, we believe it is important that you receive some kind of justice. Whether this is through financial means or more – you deserve to have this difficult process made even slightly easier where possible.
Listed below are some of the damages that are covered in a wrongful death claim:
- Medical bills resulting from the personal injury that led to your loved one’s loss of life
- Lost income that occurred as a result of missed time from work, or lost wages that your loved one would have made if the pool accident never happened.
- Funeral costs.
- Pain and suffering compensation, which refers to the emotional distress that happened as a result of the pool accident, and the overall lifestyle changes that come with losing a loved one.
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Contact The Law Place in Bradenton Today
If you or someone you love have been involved in a swimming pool accident, no matter the severity, you should seek legal assistance as soon as possible. At The Law Place, we have a team full of swimming pool accident attorneys who have been successful in cases that are similar to yours. Following such a traumatic event, you are entitled to the very best quality of legal representation. As a firm, we work tirelessly to go above and beyond for our clients in order to achieve the results they deserve.
Whilst you are making your decision on which law firm to go for, you need to feel like you can trust them with personal information and your experiences. At The Law Place, we recognize this, which is why we offer each client a no-obligation free case evaluation. Any legal fees will only be taken from the settlement once the case is complete. This means that there will be no upfront payments, and in the rare occurrence that your case is unsuccessful, the legal process will not cost you a cent. During an already difficult time, you do not need to feel external financial pressure for a situation that was out of your control.
Do not hesitate to get in touch with us today. Our telephone lines are available around the clock, 24 hours a day, 7 days a week. Upon calling, one of our swimming pool accident attorneys can offer you your free consultation. Call today on (941) 444-4444 for more information and to get the support you deserve.
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