Swimming Pool Accident Lawyer (2024)

Drowning now includes non-fatal injuries too.

Drowning now includes non-fatal injuries too.

Historically, only fatal incidents were considered when defining “drowning.” However, in 2005, a shift occurred. Professionals in clinical medicine, injury epidemiology, rescue teams, and the World Health Organization (WHO) advocated for a broader definition of drowning that includes non-fatal cases. Consequently, the following definition was established:

“Drowning is the process of experiencing respiratory impairment from submersion/ immersion in liquid.”

The justification for this change was that drowning incidents can lead to severe injuries, such as brain and lung damage, without necessarily resulting in death. While drowning fatalities are heartbreaking, non-fatal incidents can also result in severe, life-altering injuries. Statistics indicate that for every child drowning fatality, an additional five require emergency department care for a non-fatal event.

Moreover, over 50% of these non-fatal drowning victims require hospitalization or further care, a significant percentage compared to the 6% hospitalization rate for other unintentional injuries.

Non-fatal Drowning

Individuals who survive submersion can suffer serious complications, including severe brain damage due to hypoxia or oxygen deprivation, known as an acquired brain injury. The long-term effects of such an injury may include:

• A coma, permanent loss of basic functioning, or brain death.
• Various cognitive disabilities, such as memory issues, speech, and attention deficits.
• Impairments in both fine and gross motor skills.
• Difficulty controlling emotions and behavior.
• Slipping and Falling

Pool decks and surrounding areas often have slippery surfaces. Even careful walking can lead to falls. The consequences of slips and falls on hard surfaces can be severe, including:

• Traumatic Brain Injuries (TBIs): Falling can cause blunt force to the head, leading to TBIs similar to hypoxic brain damage.
• Spinal cord injuries potentially resulting in paralysis or other long-term disability.
• Bone fractures and soft tissue damage, such as a shattered ankle, fractured hip, or sprained wrist.
• Diving Injuries

Diving into shallow pool water can cause catastrophic injuries to the head, neck, and spine, potentially leading to paralysis or brain damage. Other common injuries include lacerations to the head or face and soft tissue injuries due to blunt force.

Pool Drain Injuries

Pool Drain Injuries

Pool drain injuries can be severe and are more prevalent than commonly believed. Reports suggest that certain pool drains can generate up to 300 pounds of pressure per square inch. An improperly covered drain can lead to serious injury or death due to the powerful suction. Potential hazards include:

Hair entrapment: Swimmers with long hair are particularly at risk.

Extremity entrapment: Poorly maintained drain covers can trap hands or feet, possibly resulting in amputation or broken bones.

Body entrapment: Some pool drains are powerful enough to ensnare a small child, leading to soft tissue and organ damage.

Fixture entrapment: Jewelry or bathing suit components can become trapped in unsafe drains, preventing swimmers from surfacing.

Exposure to Pathogens

Regular inspections are crucial to detect pathogens that can cause severe illnesses, such as E. coli. It’s essential to note that proper chlorine levels do not instantly kill all germs. Additionally, chemicals used to treat pools, if improperly administered, can cause injuries such as chemical burns, eye and tissue injuries, or respiratory issues.

Public Swimming Pools: Health Hazards and Legal Implications

When accidents occur in public swimming pools, government entities or their employees may be held accountable if negligence is established as the root cause of the incident.

To manage a public swimming pool, there are numerous rules, codes, and regulations in effect that owners must adhere to. Any violation of these guidelines can pose a significant risk to swimmer safety and can serve as concrete evidence of negligence.

The list of regulations includes, but is not limited to, 16 items outlining public health hazards that fall under the owner’s responsibility to rectify:

• Failure to provide suitable supervision of the swimming pool (a certified lifeguard must be present).
• Failure to maintain the minimum disinfectant residual levels.
• Failure to operate the swimming pool’s filtration and disinfection equipment continuously.
• Usage of an unauthorized or contaminated water supply source for drinking water.
• Presence of overhead electrical wires within 20 feet horizontally of the swimming pool.
• Existence of unprotected electrical circuits or wiring within 10 feet of the swimming pool.
• Failure to maintain an emergency lighting source.
• Absence of all lifesaving equipment on the swimming pool deck.
• Non-visible swimming pool bottom.
• Absence or incorrect depth markings at a swimming pool.

Plumbing cross-connections between the drinking water supply and swimming pool water or between the sewage system and the swimming pool’s filter backwash facilities.

Failure to provide and maintain an enclosure around the swimming pool area that prevents access to the pool when it is not open for use.

Use of unauthorized chemicals or the application of chemicals by unauthorized methods to the swimming pool water.

Broken or missing main drain grate in the swimming pool.

Overcrowding of the swimming pool, leads to inadequate supervision of swimmers.

Presence of glass or sharp objects in the swimming pool or on the deck area, or any other item determined to be a public health hazard by the permit-issuing official.

Swimming pool accidents can occur in a variety of ways including:

Swimming pool accidents can occur in a variety of ways including:

Slip and fall accidents: Pool decks can become very slippery when wet, leading to serious slip and fall injuries.

Drowning and near-drowning accidents: This can occur if a person is unable to swim or if a strong swimmer becomes incapacitated in the water.

Diving accidents: Serious injuries can occur when a person dives into shallow water or hits the side of the pool.

Drain and suction accidents: A person, especially a child, can become trapped by the suction of a pool’s drain.

Chemical exposure: Overexposure to chlorine and other pool chemicals can cause injuries.

Florida Premises Liability Law

In Florida, swimming pool accidents often fall under the umbrella of premises liability law. This law states that property owners and operators have a duty to maintain a safe environment for visitors and warn them of any known hazards. This applies to both public and private swimming pool owners.

If a property owner or operator fails to uphold this duty and an accident occurs, they may be held liable for the resulting injuries. This could include failing to maintain pool safety equipment, not having proper fencing or barriers around the pool, or failing to warn of hazards such as a slippery deck.

Florida’s Residential Swimming Pool Safety Act

Florida’s Residential Swimming Pool Safety Act requires residential pool owners to have at least one safety feature in place. This can include a barrier isolating the pool from the home, an approved safety pool cover, exit alarms on all doors and windows leading to the pool, or self-closing, self-latching devices on all doors and gates.

Violation of this act can result in serious penalties, and if a child under 16 drowns or nearly drowns due to a violation of this law, the pool owner can be charged with a second-degree misdemeanor.

Role of a Florida Swimming Pool Accident Lawyer

Role of a Florida Swimming Pool Accident Lawyer

If you or a loved one has been injured in a swimming pool accident, it’s essential to consult with a Florida swimming pool accident lawyer. Our experienced lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh can help you understand your rights, assess the circ*mstances of the accident, determine who may be held liable, and help you seek compensation for medical bills, lost wages, pain, suffering, and other damages. Our lawyers will also help to gather and preserve evidence, negotiate with insurance companies, and represent you in court if necessary.

Swimming pool incidents leading to grave injuries or even fatalities can arise from a multitude of causes. At Goldman, Babboni, Fernandez, Murphy and Walsh, we devote our expertise to Florida residents, tourists, and their loved ones in legal cases related to all origins of harm and fatalities tied to swimming pool accidents. These incidents commonly fall under the umbrella of premises liability cases. We frequently handle cases that encompass:

• Existence of shattered glass or other harmful debris in or around the swimming zone
• Unsafe pool filters and drains
• Cases of drowning and near-drowning
• Electrical shocks
• Incorrect or inadequate water levels
• Failure to maintain or repair the pool area
• Absence or insufficiency of pool signage
• Unavailability of emergency contact information
• Lack of emergency flotation aids
• Negligent lifeguarding or childcare services
• Accidents due to slips or trips on hazardous pool surrounds or decking
• Unhealthy pool water conditions due to over-chlorination or bacterial proliferation

These problems, among others, can engender dangerous situations for both children and adults. In the majority of instances, these should and could be avoided by the pool’s proprietor. If the owner’s negligence is not at the root of the accident, then the manufacturer or vendor of the faulty product, such as a slippery tile or a dangerous drain, might be liable under Florida’s product liability legislation.

In Florida, with its year-round sunny climate and the presence of numerous residential, public, and resort pools, swimming is a favored pastime. However, with the increased pool usage comes an increased risk of swimming pool accidents. These accidents can result in serious injuries, permanent disabilities, or even fatalities.

What Should You Do After A Swimming Pool Accident?

What Should You Do After A Swimming Pool Accident?

As a Florida swimming pool accident lawyer, there are appropriate actions to take after a swimming pool accident:

Prioritize safety: The first step is to secure the safety of everyone involved. Assist others in exiting the pool if you’re capable, and avoid moving individuals with potential spinal or neck injuries unless it’s essential for their immediate safety.

Contact Emergency Medical Services: Call 911 for emergency medical assistance and provide them with accurate and concise details of the accident.

Record Details of the Accident: After ensuring everyone’s safety and well-being, document the scene of the accident. This includes taking photos of the accident site, noting any potential hazards that might have contributed to the accident, and record an account when it is still fresh in your memory.

Gather Contact Information of Witnesses: If there were any observers present during the accident, kindly ask for their contact details. Their testimony could be instrumental if you need to establish the sequence of events later on.

Seek Medical Attention: Regardless of how minor you perceive your injuries, it’s essential to undergo a medical examination following the accident. Some injuries might not be immediately evident, and medical documentation will be vital if you decide to initiate a legal claim.

Notify Relevant Parties about the Accident: Ensure the pool owner is aware of the incident if they’re not already. If the accident occurred in a public pool or facilities like a hotel or gym, report the incident to the management or the respective authority.

Retain Evidence: Preserve any physical evidence related to the incident, such as damaged swim gear or equipment. Retain any medical records or bills, as they can serve as evidence of the injuries and the costs incurred.

Consult with a Lawyer: If the accident might have resulted from another party’s negligence, consider engaging a lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh we specialize in swimming pool accidents. We can navigate you through the legal process and help clarify your rights and potential legal avenues.

How Can A Swimming Pool Accident Lawyer In Florida Help You?

How Can A Swimming Pool Accident Lawyer In Florida Help You?

A swimming pool accident lawyer can be an important ally in your pursuit of justice following an unfortunate incident at a swimming pool. Our professionals specialize in the intricacies of premises and personal injury law with a particular focus on swimming pool accidents. Here is how we can assist you.

Asses Your Case: Our experienced lawyers can provide you with a comprehensive evaluation of your unique situation to better help you understand the potential merits of your case. We will clarify if negligence played a role in the accident and if so, whose negligence it was- the pool owner, a product manufacturer, a maintenance company, or some other party.

Our Lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh will Navigate Complex Legal Processes For You: The legal procedures surrounding swimming pool accidents can be complex. A lawyer will guide you through these processes, and help you comply with specific regulations, meet filing deadlines, and complete all the necessary paperwork accurately.

Gather and Analyize Evidence for You: To build a strong case, it’s critically necessary to collect and scrutinize all relevant evidence. This may include medical reports, witness statements, photographs of the scene, and more. Our lawyers can handle this process professionally and ensure all pertinent information is accounted for.

Negotiating with Insurance Companies: Insurance companies often try to minimize payouts or deny claims. Our experienced swimming pool accident lawyers can negotiate with these companies on your behalf, advocating for your rights and ensuring you receive a fair settlement.

Representation in Court: If your case proceeds to court, a lawyer can represent you, presenting your case in the most compelling manner possible. They can cross-examine witnesses, counter arguments from the defense, and advocate for maximum compensation on your behalf.

Determining and Pursuing Damages: Our lawyers can help you identify all potential damages you may be entitled to, which can include medical expenses, lost wages, pain and suffering, and more. Then we will actively pursue these damages, seeking the best possible outcome for you.

Providing Support and Advice: Beyond the legal aspects, a swimming pool accident can cause emotional and physical distress. Our lawyers will provide guidance and support throughout this difficult time, helping you make informed decisions while aiming to alleviate some of the stress you’re experiencing.