If you or someone in your family has been involved in a serious swimming pool accident, the attorneys at Donaldson & Weston can assist you in pursuing legal action against those responsible.
Premises Liability Attorneys Serving Port St. Lucie and Surrounding Communities
Swimming is a popular pastime for Florida residents, and many family homes as well as public recreational centers have pools on their property. However, swimming pools can also be very dangerous if they are not properly maintained or do not contain the right protections for children. Drowning or near-drowning injuries are life-threatening, and other pool-related injuries can significantly affect a victim’s life. The Port St. Lucie swimming pool accident lawyers at Donaldson & Weston assist victims and their families in legal claims to ensure that the appropriate parties are held accountable. If you have been injured in a swimming pool accident, or if you have lost a loved one to drowning, contact our office today to find out more about your legal rights and options.
Dangers of Swimming Pool Accidents
In Florida, drowning is the leading cause of death of young children. Nationwide, almost 5,000 children undergo hospitalization as a result of a drowning accident each year, one-fifth of whom sustain permanent injuries as a result. The Center for Disease Control has reported that on average, nine victims die as a result of drowning accidents each day, with many more being hospitalized due to near-drowning injuries. These injuries often include traumatic brain injuries and other head trauma, as well as spinal cord damage.
Consistent adult supervision is the most important factor in reducing the number of child drowning incidents, according to the Florida legislature. However, when supervision is lacking, pool safety features are shown to decrease swimming pool accidents exponentially. As a result, Florida’s Residential Swimming Pool Safety Act was passed in order to prevent accidental swimming pool accidents and keep children and others safe. The swimming pool accident attorneys at our Port St. Lucie firm are familiar with the requirements of this law. The Act sets guidelines that residential property owners must follow, which include a requirement that a pool must have a cover or a fence surrounding the area. Fences are also subject to certain requirements, including that they must be at least four feet in height and without gaps large enough for a child to either pass through, under, or over them. When a pool owner fails to adhere to these requirements, serious injuries can result not only to children but also to elderly individuals or others.
Liability for Injuries Sustained in Swimming Pool Accidents
Property owners must maintain their properties in a manner that ensures that visitors are kept reasonably safe from harm. Parties that own businesses owe their patrons the highest degree of care, and they must inspect their properties regularly. They need to fix or warn customers of dangers that are found. Residential property owners and others opening their properties up to social guests must warn visitors of any hazards. When a homeowner fails to secure a pool properly, and a child, even as a trespasser, or another person injures themselves in that pool, the property owner can be held liable with the assistance of a Port St. Lucie swimming pool accident attorney.
These claims are based on a property owner’s negligence, which means that the property owner has breached an owed duty of reasonable care to another person. For instance, if a pool is not covered or fenced in, and a child falls in and suffers a drowning injury, the property owner can be found negligent. If a swimming pool accident results in the death of a victim, the victim’s family may file a wrongful death lawsuit to pursue damages for medical expenses, funeral costs, and pain and suffering, as well as their own losses.