How To Recover Damages If You Or Your Child Suffered A Swimming Pool Injury?
In case the duty of care has been breached due to negligent acts, and you or your loved ones have suffered injuries in a swimming pool as a result of that breach, you may have legal grounds to file a personal injury against the owner.
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June 9, 2018

Summer. This is the time of year when families come to Southern Florida from all across the world to party at night and soak up the sun by the beaches and swimming pools across the state during daylight hours.

For many adults and children alike, there is nothing more pleasurable and euphoric than walking into the swimming pool after several hours of tanning and exposing their body to the heat and sunlight.

Unfortunately, swimming can become a dangerous or even tragic experience. In fact, more than 450 Florida residents die from drowning every single year. And sadly, young children account for many of these swimming pool deaths.

Recovering damages after a swimming pool accident

But here is the thing: if you have suffered injuries in or by the swimming pool, you may be entitled to pursue a monetary compensation from the pool’s owner, lifeguard, or other employees and parties responsible for supervising the pool, ensuring safety and maintaining it in a way that prevents or minimizes the risk of injury or harm to visitors.

“It is possible to recover damages if you, your spouse, or your children suffered injuries in or by the swimming pool,” says our Cooper City personal injury attorney at the Law Offices of Bradley Hartman.

What to do if your child has been injured in a swimming pool?

If your child has suffered a swimming pool injury, do not hesitate to call 911. Your child must receive medical attention even if it seems as if your child is okay. Some injuries may develop over several days or even weeks, and symptoms do not always manifest themselves immediately after an accident.

As you call 911, it is also advised to notify a lifeguard or other employees responsible for the supervision, maintenance or control of the swimming pool. This will ensure that the swimming pool’s personnel and owner are informed about the swimming pool accident and will not be able to escape liability by claiming that you or your child were not injured on their property.

Swimming pools injuries and duty of care

Swimming pool accidents are covered by California’s premises liability laws since pools are considered part of the property they are located on. “You can actually sue the owner of the property where the swimming pool accident occurred by filing a premises liability claim,” says our experienced personal injury attorney in Cooper City.

In a broader sense, both public and private owners of the property on which the swimming pool is located owe their guests and visitors a duty of care to ensure everyone’s safety and maintain the premises in a reasonable way to prevent and minimize the risk of injuries.

This duty of care includes but is not limited to such measures as:

  • Hiring and training qualified personnel and lifeguards.
  • Preventing or eliminating such dangerous conditions as slippery surfaces in a timely manner.
  • Maintaining and repairing the pool.
  • Warning visitors and guests of any hazards or dangerous conditions.
  • Supervising the pool so that unsupervised young children do not enter the pool.

In addition to that, owners of swimming pools in Cooper City and elsewhere in Florida are legally required to be able to provide emergency safety equipment in case of an accident or injury.

Filing a personal injury claim after a swimming pool accident

In case the duty of care has been breached due to negligent or reckless acts, wrongful or intentional acts, or omission to act, and you or your loved ones have suffered injuries in a swimming pool as a result of that breach, you may have legal grounds to file a personal injury against the owner.

Holding a property owner liable for injuries in swimming pools may not be as easy as you think, especially given that the vast majority of owners of swimming pools retain the best premises liability lawyers in Florida. That is why it is highly advised to be represented by a Cooper City personal injury attorney when filing a claim or lawsuit.

Consult with our lawyers at the Law Offices of Bradley Hartman. Call at 954-438-1000 or complete this contact form for a free case evaluation.

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