Swimming Pool Accidents

Swimming pools are ubiquitous in Florida. With our year-round warm weather, they provide a refreshing way for residents and tourists to relax with family and friends. Unfortunately, swimming pools can also be dangerous. The attorneys at Frankl Kominsky offer dedicated advocacy to victims of accidents in these areas. If you or a family member was harmed in a swimming pool near West Palm Beach or the surrounding communities, we can try to effectively pursue your claim against a careless property owner.

Swimming pools are a source of entertainment and recreation in Florida, but they can also be dangerous, particularly to children. According to data from the state Department of Health, 758 emergency room visits in 2012 were attributed to near-drowning or submersion accidents. Children aged 14 years or younger made up approximately 56 percent of those visits. Another 374 individuals lost their lives in unintentional drowning incidents that year.

Individuals and entities must take measures to protect others lawfully on their property from potentially harmful conditions, including those involving swimming pools. Premises liability law determines whether someone may be liable for injuries caused by hazards on property. If you or your child has been hurt in or near a swimming pool, you be able to pursue a successful claim if you can demonstrate that you were owed a duty of care, and that the defendant’s failure to take the appropriate precautions caused you to suffer injuries that led to quantifiable damages.

Florida property owners must keep their premises in reasonably safe conditions for people invited onto them for a business or social purpose. When an individual or entity breaches this duty of care by, for example, having inadequately trained lifeguards at a pool, it can be held accountable for injuries that stem from its negligence.

Residential property owners are required to take specific measures to protect children and the elderly from swimming pool dangers. Under the Residential Swimming Pool Safety Act, the state requires them to place at least one safety feature on or around their pools, spas, and hot tubs. These may include a fence or other barrier, a safety cover, or exit alarms on doors and windows that allow access to the area. A violation of the law is strong evidence that the property owner was negligent.

Additionally, while premises liability law establishes only a very limited duty of care to protect trespassers, the attractive nuisance doctrine creates an exception for trespassing children in certain circumstances. If a child is involved in a swimming pool accident, the property owner may be liable if:

• There was an artificial condition on the premises that was likely to attract children, such as a swimming pool;
• The injured child was unable to understand the gravity of the danger posed by the situation because of his or her age and maturity; and
• The property owner knew or should have known that the artificial condition was particularly hazardous to children.

A swimming pool accident victim can recover damages related to his or her harm, which may extend to medical costs, lost income, and pain and suffering. If your family member died in a tragic accident, you can consider filing a wrongful death claim and possibly recover for your loved one’s medical bills, funeral and burial costs, and other losses. Florida victims must file their claims within two years from when the swimming pool accident occurred, and within two years if they are filing on behalf of a deceased relative.

Frankl Kominsky offers tenacious representation in West Palm Beach swimming pool accident claims. Our slip and fall lawyers can review your case and discuss whether a property owner may be liable for your injuries. We serve clients in Delray Beach, and Boca Raton, as well as other cities throughout the region. Call us today at (561) 609-1948 or Contact us online for an initial consultation at no cost. We are fluent in Spanish and Creole.