Swimming Pool Accident Attorneys
Florid's balmy weather makes a swimming pool an attractive feature throughout the year. But the fun and merriment quickly change to a somber tone when an accident occurs. If you or a loved one were injured in a pool accident, contact a swimming pool accident lawyer with the Law Offices of Michael B. Brehne, P.A. Our personal injury law firm in Orlando, FL can assist in filing a personal injury claim and make sure ample compensation is obtained.
Types Of Swimming Pool Accidents
According to Florida law, there are three categories into which the different types of swimming pool accidents fall. Contact our law firm to discuss your case with a personal injury attorney.
This occurs when the actions of another person cause injury or death to yourself or a loved one in a swimming pool.
Injured On Someone Else’s Property
If the property owner, such as the person who owned the pool, is negligent and this negligence causes or contributes to the accident, they may be liable for the accident under premises liability.
Defective Products Or Equipment Failure
If swimming equipment or a related product, such as a lifejacket, is defective, fails and/or contributes to the accident, the manufacturer may be liable. Or, if the owner was responsible for maintaining the equipment, they may be liable for the accident.
Common Swimming Pool Injuries
Injuries related to a swimming pool accident vary depending on many factors. The Orlando personal injury lawyers at The Law Offices of Michael B. Brehne, P.A., are dedicated to helping you file a personal injury claim and receive the level of compensation necessary for care after many common swimming pool injuries.
Traumatic Head Injury (TBI)
A TBI can occur in a wide range of circumstances, such as:
- Slip and fall accidents, such as on a wet pool deck
- Diving board falls
- Improperly installed swimming pool slides
These injuries, regardless of severity, can have a direct and immediate impact on your daily life or the life of a loved one. Some TBIs require long-term medical care to assist with the resulting mental and physical disabilities.
Spinal Cord Injury
Depending on the situation, a spinal cord injury may or may not accompany a TBI. It's important to be able to recognize the signs of a spinal cord injury so that the injured person can receive medical treatment as quickly as possible, even for a minor injury. Three common signs of spinal damage include:
- Tongue numbness
- General muscle weakness
- A tingling sensation in the fingertips and hands
Drowning & Near-Drowning
Sadly, drowning and near-drowning are the leading cause of swimming pool deaths in children under the age of 15. Near-drowning occurs when a person's brain is deprived of oxygen for at least five minutes and can result in varying levels of brain damage.
Who Is Liable In A Swimming Pool Accident?
The degree of liability depends on the circumstances and facts of the case. However, the owner may be held responsible under Florida Statute § 768.0755 based on whether the person was the:
- Invitee: The public was invited by the property owner to swim on the property.
- Licensee: A specific invitation was given to come onto the property, such as for a party.
- Trespasser: Specific permission wasn’t given to be on the property or swim in the pool.
How Florida Views A Pool Owner’s Responsibility
Generally, the State of Florida doesn’t view a pool owner liable for injuries suffered by a trespasser, unless the trespasser was a child. Because of the inherent danger of swimming pools — it's considered an attractive nuisance — owners are required by the Residential Swimming Pool Safety Act (Florida Statute § 515) to provide:
- A pool cove
- Alarms for each door and window that have direct access to the pool area
- A 4-foot barrier around the entire pool
- Install a pool entrance with self-closing and self-locking mechanisms