Swimming pools are enjoyed year-round in Miami’s hot climate. However, pools can become locations for catastrophic injuries when property owners fail to keep guests safe. Understanding your legal rights is an important step if you or someone you love has been injured at a swimming pool. A Miami swimming pool accident lawyer can determine if you may have a potential swimming pool accident claim and explain Florida premises liability laws to you.
Swimming pool accidents happen at hotels along Miami Beach, community pools, apartment complexes, private homes, and public pools. Busy metropolitan areas near Biscayne Boulevard, Interstate 95, and the Dolphin Expressway host countless hotels, resorts, and residential communities with swimming pools that need to be regularly maintained.
The Law Office of Alexander Alvarez, PA, provides legal representation to personal injury victims throughout South Florida. Attorney Alexander Alvarez founded the firm with a focus on preparing each case carefully, responding to clients quickly, and conducting thorough legal research.
Our legal team knows premises liability cases often require thorough investigations to review maintenance records, building code violations, and property conditions to better understand how an accident occurred and if a property owner failed to provide a safe environment.
Many accidents that occur at swimming pools involve drowning. In the United States, there are about 4,000 fatal drowning incidents and 8,000 nonfatal drowning incidents each year. Unfortunately, this often affects young kids, with drowning being the leading cause of death for children aged 1 to 4. However, unsafe pool conditions can cause severe injuries to both children and adults.
Property owners have a duty to maintain their property in a reasonably safe condition and repair or warn against dangers they know about or should have known about through reasonable care. Swimming pool accidents are commonly caused by:
These accidents can be prevented with routine maintenance and proper care.
Multiple Florida swimming pool accident laws could apply to your swimming pool accident claim depending on the details of the incident.
Florida Statutes § 768.0755 imposes limited liability on business owners in Florida for premises liability claims based on transitory foreign substances. While not all swimming pool accidents fall under this statute, it can apply to instances where someone slips and falls after a business should have known about the dangerous condition and corrected it or warned against it.
Florida Statutes § 515.27 contains Florida’s Residential Swimming Pool Safety Act law. This law creates residential pool safety requirements that aim to prevent young children from drowning in neighborhood pools. Depending on the circumstances, the safety requirements can become relevant in your claim.
Negligence is typically a central issue in premises liability claims. When evaluating if a property owner in Miami was negligent, many factors can come into play that establish if the property owner acted reasonably. Questions that may arise include:
Broken gates, missing fencing, defective pool safety equipment, or knowledge of needed maintenance can all be factors in negligence cases involving swimming pool accidents.
Deciding to hire a swimming pool accident lawyer after an accident occurs can allow your attorney to secure evidence while it’s still available. Waiting to contact an attorney can result in the loss of surveillance video and required maintenance records.
Hiring a Miami swimming pool accident attorney sooner rather than later allows them to request these documents before the property owner has an opportunity to hide evidence by fixing broken conditions or discarding routine maintenance records. If your case involves serious injuries, your medical records from the start of treatment can also help prove your damages.
If a drowning occurred in a pool, there are legal implications depending on the circumstances surrounding the drowning. Investigators look into whether or not the owner of the property provided safe premises, followed laws and ordinances requiring certain safety features, or corrected known dangerous conditions.
Should investigators find negligence in any of these areas, the family members who survived the drowning may be entitled to file a wrongful death claim according to Florida law.
Responsibility for the drowning death of a trespasser depends on the circumstances, including the age of the trespasser and status of the property. For example, a property owner in Miami, Florida generally owes few duties to adult trespassers. Special rules may apply when children are involved, however, such as where an unfenced swimming pool may be found to constitute an attractive nuisance. Responsibility is determined by the court on a case-by-case basis.
Hotels may be responsible for a swimming pool accident, depending on the facts of the situation. Hotels are expected to provide guests with reasonably safe premises. If unsafe conditions on the property, lack of maintenance, broken safety equipment, or other hazards played a role in causing your swimming pool accident, you may be able to hold the hotel responsible under Florida premises liability law.
The agency may vary depending on the situation that occurred. Local police, emergency response teams, health officials, or workplace safety agencies may respond and investigate when necessary. Oftentimes, separate investigations may be conducted by lawyers in civil cases. They can review maintenance records, talk to witnesses, visit the property, and gather any evidence to see if negligence was involved in the accident.
If you or a loved one was injured or drowned in a swimming pool due to another party’s negligence, you may be able to recover compensation. The Law Office of Alexander Alvarez, PA, can help. Contact us today for more information.
Contact our firm in Miami online or by telephone at 866-270-0589 and arrange a free initial consultation. Personal injury cases are handled on a contingency fee basis, so there is no financial obligation to simply speaking with our firm and learning about your options.
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