Swimming Pool Accident Lawyers in Vero Beach, FL Defending the Rights of Injury Victims
Living in Florida, most of us understand the abundance of swimming pools. Nearly every new home has them, and they are often a favorite gathering place in city parks and even theme parks as a form of enjoyment and a way to cool off.
However, with the multitude of swimming pools also comes a greater risk of accidents. If you or a family member has been severely injured in a swimming pool accident, you need to consult with a swimming pool accident lawyer immediately. Contact us to learn your rights and legal options through a free case review.
Why Do Swimming Pool Accidents Occur?
Unfortunately, swimming pool accidents can occur anytime, and young children make up the most significant number of accident victims. Sadly, many factors contributing to swimming pool accidents could be avoided if proper safety measures were implemented. Some of the most commonly cited reasons given for swimming pool accidents include:
- Lack of supervision, especially if young children are present. Many swimming pools do not have a lifeguard on duty. Regardless of how good adults may think a child is when it comes to swimming, they should never be left unsupervised.
- Negligent security measures such as no fence, gate, or security door can allow children and adults to fall into uncovered or unsecured pools and drown.
- Substance abuse, such as drinking alcohol or using drugs when you plan to swim, can contribute to slowed response times while swimming or when supervising children.
- Horseplay, such as running or pushing others into the pool, can significantly contribute to the risk of a swimming pool accident.
- Inexperienced swimmers run a higher risk of suffering drowning or near-drowning accidents.
- Damage or broken parts in swimming pools may cause swimmers to suffer avoidable injuries. Likewise, loose tiles or too many chemicals can lead to an accident.
How Do You Prove Liability After a Swimming Pool Accident?
If you have been injured in a swimming pool accident, there are certain legal elements that you must meet to prove the owner is liable for your injuries. They include:
- The accident victim must establish that the swimming pool owner owed them a “duty of care” to provide reasonable safety precautions to prevent them from being injured.
- The accident victim must also prove that the defective part or negligence on the owner’s part is why the accident occurred.
- As a result of that negligence, the victim suffered injuries.
- As a result of the victim’s injuries, they also suffered damages.
If you have been injured, it is vital that you keep all documentation, such as police or incident reports, medical records, and eyewitness statements that give pertinent details regarding the accident.
Can I File a Wrongful Death Claim if My Loved One Died as a Result of a Swimming Pool Accident?
If your family has tragically lost a loved one due to a swimming pool accident, you may be entitled to recover financial compensation for your loss. However, it is essential to note that Florida only allows families up to two years from the date of death to file a wrongful death lawsuit. If you wait until the specified time period has expired, the court will most likely not agree to hear your case.
It should also be stated that only an appointed personal representative of the deceased’s estate is permitted to file a claim per Florida law. The personal representative may be an individual the victim chose during their lifetime or appointed by the court.
Why Do I Need a Swimming Pool Accident Lawyer to Handle My Case?
After an accident, a victim or their family must speak to a knowledgeable swimming pool accident lawyer who can provide counsel that will best suit their legal needs and work to strengthen the accident claim.
Proving negligence in a swimming pool accident can be challenging, as many insurance companies attempt to blame the victim for the accident. Our swimming pool accident attorneys are familiar with the tactics that insurers often try to use to reduce their liability to avoid paying a large settlement. However, our lawyers are not afraid to stand up to insurers to fight for the justice accident victims and their families deserve.
Contact us by calling 772-773-6697 and ask to schedule a free consultation to discuss the facts of your case.