Swimming Pool Accidents

Premises Liability Lawyers in West Palm Beach

Palm Beach County Swimming Pool Accident ClaimsSwimming 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.

Accidents in Florida Swimming Pools

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.

File a Negligence Lawsuit Against a Careless Property Owner

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.

Child Trespassers

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.
Available Damages

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.

Experienced Slip and Fall Attorneys Serving Victims and Families Throughout West Palm Beach

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.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon