Drowning is one of the most common water and swimming pool accidents in Florida. In fact, the Sunshine State has a higher number of these types of accidents than anywhere else in the United States. Even the most experienced swimmers can drown in any depth of water. However, children are particularly at risk if they are not properly supervised.
If a family member or a loved one has been involved in a swimming pool accident in St. Petersburg, FL., that resulted in death or injuries, get in touch with The Law Place today for legal advice. We can help you to understand your rights and to pursue compensation.
Call today for a free consultation with one of our experienced accident attorneys today.
Florida Personal Injury and Property Law
Drowning and other swimming pool accidents are a complex area of Florida Law as they involve both personal injury and property liability law. It’s important to understand how both of these areas of the Florida legal system may affect you and your claim:
Personal Injury Law
Under personal injury law or tort law, you are entitled to pursue a claim or negligence lawsuit against a negligent individual to receive compensation. In this case, you will need to prove that:
- The pool owner or another individual such as a lifeguard or pool patron owed you a duty of care to act safely, legally, and sensibly, as well as to abide by all relevant laws and regulations regarding potential hazards.
- The pool owner or another individual breached this duty of care either by direct action or by failing to act.
- You or another individual drowned or became seriously injured.
- This breach of duty of care directly contributed to injury or death.
Property Liability Law
However, this becomes more complicated due to aspects of property negligence and liability law. Under this area of the Florida legal system, your rights are determined by your relationship to the pool area and the pool owner. These are split into:
- Invitees – Individuals who have been invited to use a public pool. The pool owner has a direct legal obligation of duty of care to protect the safety of invitees to prevent injury and risk of death.
- Licensees – Individuals who have been invited to use a pool on private property. Pool owners are legally obligated to warn licensees of any potential hazards, but their level of liability is lower than public pool owners.
- Trespassers – Trespassers are individuals who have not been invited to use a pool or to be on pool property. Trespassers have fewer legal rights than invitees or licensees if they become injured at a pool. However, they can still pursue compensation in some cases.
Who Can Be Held Liable for Accidents at Swimming Pools?
- Owner of a public or private pool – If pool owners are breaking pool regulations, hiring under-qualified staff, or are not performing safety checks, they could be liable to pay for damages.
- The city – If your accident took place on public property such as a beach, the city itself could be held liable.
- Other pool patrons – If another patron was acting unsafely, they could have contributed to your accident. In this case, they could be at fault and be required to pay compensatory damages.
- Victims – In some cases, victims can also contribute to causing their injuries or making them more severe. In this case, under Florida’s Comparative Fault law, they could share liability, and their compensation will be reduced proportionately to this amount.
Compensation for a Swimming Pool Accident Involving Drowning
If you were injured in a swimming pool accident that wasn’t your fault, you could file an injury lawsuit if it can be proved that a pool owner or another individual was negligent. By working with a personal injury and swimming pool accident lawyer, it could be possible to receive compensation for damages, including:
- Wrongful death – Wrongful death benefits include funeral expenses as well as payment for emotional damages caused.
- Pain and suffering – This covers any emotional and psychological trauma caused by the swimming pool accident.
- Medical bills – Medical bills and expenses for injuries are usually the highest cost associated with pool accidents. You could receive compensation for all medical costs, including doctor’s fees, rehabilitation, diagnostic services, and more.
- Lost wages – If a victim of a swimming pool accident is unable to work temporarily or permanently due to disability, including brain damage, they could be entitled to receive a portion of lost potential income.
Contact The Law Place Today for a Free Consultation
If you or a family member have been involved in a beach, water, or swimming pool accident involving drowning in St. Petersburg, Florida, get in touch with The Law Place today. Our experienced accident attorneys work around the clock, 24 hours a day, 7 days a week, to help you receive compensation for injuries or death and to hold negligent parties accountable.
We have over 70 years of experience supporting our clients in St. Petersburg as well as the wider State of Florida. Our high standard of excellence and our commitment to attention to detail also means that many of our lawyers are AVVO rated 10.0. So, you can be confident you’re working with the right law firm for your case.
Call our office today for a free consultation with a lawyer near you.
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