Swimming Pool Accident
South Florida is known for its warm weather, blue sky, and fun in the sun. Unfortunately, many Floridians are injured daily in swimming pool accidents. Under Florida law, when a pool owner fails to take necessary precautions to make their pool safe, they may be liable for resulting injuries.
Florida Statutes and the Miami-Dade County Code of Ordinances regulate the construction and maintenance of swimming pools. There is a distinction between a public pool and a non-public pool. Non-public pools are exempt from many of the requirements of a public pool. This however, does not change the duty of a non-public pool owner. The owner must maintain the pool in a reasonably safe condition and must warn of any danger known or should have known existed.
Swimming pools pose a potentially dangerous condition if not properly constructed and/or maintained. A pool should be equipped with an anti-entrapment system or device. A pool drain can cause a person to be sucked into the vacuum and result in the drowning of the swimmer. An outdated pool, not in compliance with the current building code, poses a particular risk of drowning to the swimmer, of which the owner should know or reasonably should have known.
Florida law requires a residential pool owner to maintain a barrier surrounding the pool to prevent drowning. The barrier must be at least 4 feet high and may not have any gaps, openings, etc., that could allow a young child to crawl under, squeeze through or climb over the barrier. The barrier must be placed around the perimeter of the swimming pool and must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.
How can a Miami Swimming Pool Accident Attorney help you?
If you or someone you care about was recently injured in a swimming pool incident, it is imperative that a thorough investigation of the accident and all the facts surrounding it be conducted as soon as possible.
Swimming pool accidents many times result in catastrophic injuries and in some cases wrongful death.
What to do after a Swimming Pool Accident:
Take photographs of pool and premises
Take photographs of all visible injuries
Report Accident to the Police
Do not speak to anyone but your attorney
Obtain the name and phone number of all witnesses
Obtain immediate medical attention
The Perez-Gurri Law Firm will handle all aspects of your injury case. We will explain the law to you and how it affects your case. You should consult with an attorney who can advise you of your rights and the potential value of your damages. It is very likely that an insurance company adjuster or investigator will attempt to contact you and obtain your statement before you have had an opportunity to speak with an attorney. It is always recommended that you speak to an attorney before you speak with a representative from an insurance company.
What you may be entitled to receive, including but not limited to:
-Payment of medical bills
-Payment of lost wages
-Payment of lost services
-Payment for loss of earning capacity
-Payment for physical pain and suffering
-Payment for emotional pain and suffering