Pensacola Swimming Pool Drowning Attorney
If you or someone you love was injured or died due to a pool accident, you deserve compensation for damages. Swimming pool drownings are often filed as wrongful death claims and are a result of someone’s negligence or the pool owner’s error, which he/she will be held accountable for under premises liability.
You can seek compensation for the following areas after a swimming pool drowning accident:
- Pain and suffering
- Medical expenses
- Reduced earning capacity and/or lost wages
- Loss of companionship (for the victim’s family)
Common Types of Swimming Pool Injuries
According to the Center for Disease Control (CDC), unintentional drowning is the fifth leading cause of death in the United States, with most drowning victims being children under the age of 14. There are several ways someone can get hurt in a swimming pool including but not limited to the following:
- Near-drownings that lead to permanent injuries, including brain damage
- Broken spine or neck from diving into a shallow part of the pool
Who Is Liable for a Swimming Pool Drowning?
In most states, property owners are required to keep their property, including their swimming pool, safe. This is known as premises liability. Pool owners are also required to let others know about any dangers that are not immediately apparent and could cause harm.
The major factor that determines if the pool and premises were kept in a reasonably safe condition is how foreseeable it was for the visitor to be there. If an individual was invited onto the property, the property owner must look out for dangerous conditions and resolve them or warn the individual of these risks.
In Florida, state law also requires that pools be equipped with a safety feature such as a barrier or door alarm. These safety options include:
- An approved safety pool cover
- Exit alarm on all doors and windows that lead directly to the pool
- Self-closing, self-latching device on all doors that lead directly to the pool
Failure to install at least one of these safety features could result in liability for the premises owner.
Get the advice you need by scheduling a free consultation. Call (850) 607-2929 today!
When Should You File a Wrongful Death Claim?
If the swimming pool injury proved to be fatal, the victim’s family or loved one can pursue a wrongful death lawsuit. Compensation that is recoverable from a wrongful death claim include:
- Funeral and burial expenses
- Loss of consortium and companionship
- Loss of financial security
Is Liability Different for Private and Public Pools?
Swimming pool injury lawsuits fall into two categories: private swimming pool lawsuits and public swimming pool lawsuits. A private swimming pool is owned by an owner and is located on private property. A public swimming pool is located on public property and is owned and maintained by the government or a parks and recreation department.
Personal injury lawsuits that occurred in a private swimming pool are filed by the victim. If the owner has homeowner’s insurance that covers these types of accidents, the lawsuit would be filed against the owner and their insurance company.
Personal injury lawsuits that stem from accidents in a public swimming pool can be more complicated. As the lawsuit asks a public entity or corporation for compensation, there are many steps to these types of lawsuits as well as caps on the amount of compensation allotted.