Have you or someone in your family been injured in a Miami swimming pool accident? Are you struggling with a painful injury and overwhelmed by expensive medical bills? You may be entitled to compensation if someone else is responsible for the accident. Contact our Miami swimming pool accident lawyers to find out how we can help you maximize your financial award. We know how devastating an unexpected accident can be and are prepared to fight for what you deserve. Call Lavent Law, P.A. today to schedule your free consultation and learn more.
Miami Swimming Pool Accident Statistics
Swimming pools offer a great escape from the heat and humidity in Miami. However, swimming pools can also be incredibly dangerous. Unfortunately, Florida leads the nation in child drowning deaths every year.
In 2017, 51 children were killed in drowning accidents in Florida. That’s an increase of 20 percent from the year before when 40 children were killed in drowning accidents. The majority of those drownings occur in residential pools. All of these victims were under the age of 16, while 80 percent of the fatal drownings involved children under the age of 5.
Common Swimming Pool Accident Injuries
Hundreds of people are killed in swimming pool accidents every year. Thousands more suffer from a wide range of injuries, including:
- Broken bones
- Soft tissue damage
- Brain injury
- Spine injury
- Bulging disc injury
- Eye injury
- Paralysis, and
- Other serious injuries.
It’s important to seek medical attention immediately if you or someone you love has been injured in a swimming pool accident. Prompt diagnosis and treatment will help to minimize the risk of complications and permanent damage. Call Miami personal injury attorney Boris Lavent today to discuss your case.
Causes of Miami Swimming Pool Accidents
Why are swimming pool accidents so common in Miami? According to the Centers for Disease Control and Prevention (CDC), the leading causes of swimming pool accidents include:
- Unsupervised swimming
- Distracted parents
- Lack of safety barriers and fencing
- Defective pool equipment
- Damaged pool surfaces
- Unmarked depth changes
- No posted warning signs
- Poor pool maintenance
- Lack of safety devices and pumps
- Slippery conditions, and
- The use of alcohol or drugs.
Again, always seek medical treatment as soon as possible after a swimming pool accident. Injuries can get worse over time if they are not treated by a medical professional.
Liability for Swimming Pool Accidents in Miami
If you or someone you love is injured in a Miami swimming pool accident you may want to know who can be held responsible. The answer will really depend on the underlying cause of the accident.
Swimming Pool Owners
Anyone who installs or constructs a swimming pool on their own private property has an obligation to protect others from harm. In fact, swimming pool owners must take all reasonable steps to prevent guests from suffering foreseeable harm. What are reasonable steps? They can include:
- Regularly inspecting the swimming pool area for hazards
- Warning guests of potential dangers
- Performing regular maintenance
- Installing safety fences and barriers to keep young children and trespassers away from the water
- Fixing known hazards immediately, and
- Providing safety equipment.
When a swimming pool accident happens, the owner will be the first person under scrutiny. It will be important to determine whether or not the property owner satisfied their duty of care. If there is evidence to show that they failed to take reasonable steps to keep you safe, they may be liable for damages you suffer under the theory of premises liability.
It’s important to note that this doesn’t just apply to pools in your neighbors’ backyards. Any owner or operator of a pool – including hotels, apartment complexes, and amusement parks – can be liable for harm suffered in an accident caused by their own negligence.
Swimming pool owners have an obligation to provide safe equipment for guests to use. In some cases, swimming pool accidents will happen for reasons outside of the property owner’s control. A safety device may fail. A swimming pool surface may become cracked because of a defect in the materials. Fencing may contain a design defect that allows children to slip through the cracks.
In each of these instances, the company that is responsible for putting those products on the market may be liable for injuries. In Florida, companies that design, manufacture, and/or sell products can be strictly liable for harm caused by defects.
There are dozens of public pools in the greater Miami-Dade area. They’re easily accessible and incredibly popular with members of the local community. If a public swimming pool is not properly maintained, the local agency responsible for upkeep can be responsible for any resulting harm.
In Florida, anyone who shares fault for an accident can be liable for damages. This includes the victim themselves. Did you contribute to the cause of your accident or extent of your injuries? You can still recover compensation as long as someone else shares some of the blame. However, the amount of money you’ll be able to recover will be reduced.
Here’s an example. Let’s say that you were running on a slippery surface next to the pool. The surface should have been properly maintained by the owner. However, running was clearly negligent and contributed to your accident. A jury decides that you and the swimming pool owner were both 50 percent at fault for the accident. As a result, you’ll only be able to recover half of any damages you suffer.
Compensation Available to Miami Swimming Pool Accident Victims
The costs of a swimming pool accident can be overwhelming. You may need extended medical care and be forced to miss time at work. A serious injury can result in a disability that prevents you from working again, at all. In addition to physical injuries, the trauma of your accident may also cause severe emotional distress. As a result, you may no longer enjoy your life the way you once did. You have the right to hold the person who caused your swimming pool accident responsible for these injuries.
At Lavent Law, P.A., our attorneys are prepared to help you fight for the compensation you deserve. In most cases, you’ll be entitled to demand both economic and non-economic damages. This can include compensation for:
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Lost wages
- Disability (temporary and/or permanent)
- Nursing care
- Necessary medical devices
- Disfigurement, and more.
Contact our Miami swimming pool accident lawyers to schedule a free consultation. We’ll review your case, explain our approach, and identify the best strategy for your case. It’s our goal to help you recover the money you deserve. Call today to learn more.
Miami Swimming Pool Accident Attorneys
Have you been injured or lost a loved one in a Miami swimming pool accident? At Lavent Law, P.A., our attorneys understand how devastating an unexpected accident can be. You’re likely faced with expensive medical bills and struggling to get back on your feet. If someone else caused your accident, we can help you demand financial compensation.
Filing a personal injury lawsuit can allow you to get the money you need to cover medical bills, make up for lost wages, and simply make your life a little bit easier during this difficult time. Contact our Miami personal injury lawyers today to schedule a free consultation and learn more.