Jumping into a cool pool on a hot day is a wonderful feeling. Swimming pools are a source of endless entertainment and relief from the blazing sun for both adults and kids. Florida is famous for its year-round sun, so it is no wonder that many families have pools in their family homes.
However, many people remain unaware of the potential dangers of a swimming pool. According to the Consumer Product Safety Commission (CPSC), every day, ten people lose their life as a result of drowning in a pool in the United States. That’s around 3,500 deaths every year and around 500 of them, children under the age of five.
These statistics are horrifying. Owners of swimming pools must take responsibility and ensure that their pools are safe and that they take steps to protect children. On the other hand, if you are the owner of a pool and somebody was injured, we may also be able to offer advice. If you have suffered an injury or lost a loved one in Clearwater, then contact The Law Place today. Our personal injury lawyers have experience dealing with cases like yours in Florida.
Contact us today on (941) 444-4444 for a free consultation.
How Do Swimming Pool Accidents Happen in Clearwater, FL?
In 2007 the government released new legislation to increase pool safety, but it has had little effect on the number of accidents. The areas around pools often have slippery surfaces or are easily accessible to children who may be at higher risk of a drowning accident.
However, swimming accidents don’t just include drowning; there are a number of other risks associated with pool ownership in Clearwater. Here are some common ones:
- Submersion injuries – Drowning deprives the brain of oxygen and can lead to death. Additionally, partial drowning can lead to brain damage and coma.
- Diving boards – Unless the water is at least six feet deep, diving shouldn’t be permitted. Huge numbers of people every year have to seek medical assistance due to brain damage and head trauma after diving into water that is too shallow.
- Pool equipment – Drains create a lot of suction; every year, a large number of cases where children and adults injure themselves because of this suction. There are even reports of the suction being strong enough to hold a child underwater. Newer models are created with this in mind, and so these types of accidents are, thankfully, becoming less common.
- Slips and falls – Excess water results in slippery surfaces around pools. This can easily lead to slips and falls, which can cause injuries like head trauma and broken bones, and even death.
Negligence: Lawsuits and Claims
If you or someone you love has been injured by a swimming pool, then you need to speak to a Clearwater personal injury lawyer. They will help you to establish liability and fight for compensation for your expenses and your pain and suffering.
To receive compensation for an accident, your injury lawyers will look to prove that someone was negligent. In order to be found negligent, they must have breached a duty of care.
Premises Liability
When someone who owns a pool, they have a duty of care to those around them. If there is a hazard that they knew about or should have known about, and they failed to act, then they can be found liable. For example, if the pool does not have a fence and there is no lifeguard, then this could be grounds for a premises liability claim.
Premise liability applies to the following:
- Owners of private or residential swimming pools.
- Government property such as public or school swimming.
- Owners of property that has a commercial pool such as, hotels, health clubs, or apartments.
In Clearwater, premise liability is often used when the owner has not maintained their pool area to the standard expected, or they have not supplied supervision when they should. For example:
- Lack of fencing – Pools that do not have fencing are 60% more likely to have a drowning accident.
- Warning signs – If a property owner has failed to install warning signs where they should have, and it is proven, they may be open to liability.
- No supervision – If there are signs that state there is supervision, and an incident occurs because there is no lifeguard, then this is grounds for liability.
What Should You Do After a Swimming Pool Accident in Clearwater
- Preserve the evidence – Collect as much evidence as possible, including witness information and photographs of the area.
- Document the incident – As soon as you are well enough, document the events that led to the injury. Keep notes of the police reports, medical records, and any impacts of your day to day life.
- Contact injury attorneys – At the very least, you should contact The Law Place for a free consultation so that we can advise you on your next steps. The sooner, the better, as they will be better able to gather evidence. However, under Florida Statue 95.11, you have four years to make a claim. Therefore, even if your case happened a long time ago, you could still benefit from contacting a lawyer.
Contact The Law Place
The devastating effects of a swimming pool accident can impact your life forever. If someone has died, grief can make the situation really stressful. Furthermore, if someone has been injured seriously, they may have to make changes to their life that will affect them and their loved ones forever.
You should not have to deal with the complex legal proceedings alone, and you deserve compensation for your pain and suffering. The best chance you have to receive compensation is to contact a reputable personal injury lawyer.
At The Law Place, we are here to help. We understand the stress of a situation like this. When you contact us, you will get a dedicated attorney to fight your case. They will do your liaising and paperwork so that you can focus on your recovery, with confidence that everything is being handled on your behalf by your advocate.
Contact us today on (941) 444-4444 for a free consultation.