Miami Pool and Drowning Accident Attorneys
Helping Pool Accident Victims Throughout the State of Florida
Every year more than 3,950 people die in drowning accidents in the U.S. Tragically, many of these preventable drowning accidents involve young children. In Florida, where pools, hot tubs and spas are ubiquitous, the problem of childhood deaths from drowning is especially acute. The Florida Department of Children and Families reports that Florida loses more children under the age of 5 to drowning than any other state in the nation, and the problem is currently reaching crisis proportions. Last year, 98 children drowned in Florida, up 42% from 69 the previous year. Others experienced near-drowning injuries that caused serious brain damage and associated long-term disabilities.
Unfortunately, many individuals in Florida also suffer other serious injuries from swimming pool and spa accidents that could and should have been prevented. When property owners fail to maintain their pool equipment and follow pool safety standards, serious injuries from slips, trips and falls, faulty electrical systems and faulty diving boards or slides can be the result.
If you or a loved one has suffered a serious injury or if you have tragically lost a loved one due to pool or spa negligence, it is important to get compassionate, experienced and highly skilled legal help as soon as possible. The trusted Miami pool accident attorneys of Boyers Law Group understand the challenges you may currently be facing and want to help protect your legal rights during this difficult time.
We know that when you come to us after having been seriously injured or having tragically lost a loved one, you want far more than financial compensation. You want advocates who care and who will tirelessly fight to achieve accountability and justice. We strive to give you the answers and understanding you deserve while passionately pursuing justice and substantial compensation for you and your family.
We have been helping people throughout Florida who have been seriously injured due to others’ negligence and wrongful conduct for over twenty-five years and would be honored to help you achieve justice and the full compensation you deserve for all the damages you have suffered. Please call us at 305-512-7600 or submit the “Tell Us What Happened” form on this page to discuss your case and get free, expert legal advice from an experienced Miami personal injury attorney.
What Causes Florida Swimming Pool Injuries?
It only takes two minutes for someone to lose consciousness underwater and about 4 to 7 minutes to suffer permanent brain damage or die. Therefore, keeping young or disabled children and frail elderly people safely away from unattended pools, spas or other bodies or water or closely supervising them in the vicinity of any body of water is an absolute necessity.
Recognizing that drowning is the leading cause of death for children 3 and under in Florida and that drowning and near-drowning incidents result in “incalculable human cost,” Florida law requires all homeowners to ensure that their pools, hot tubs and spas have at least one of the following safety features: a minimum 4-foot tall fence or barrier surrounding the pool or hot tub, a pool and/or hot tub cover, or exit alarms on all doors and windows leading to the pool area.
If a residential pool does not have one of the prescribed safety features, the owner can be held liable if an injury accident or drowning occurs in or around their pool. Additionally, homeowners are responsible for supervising children who are using their pool and can be held liable for injuries if it is found that they neglected this responsibility.
In addition to negligent supervision, some pool, spa and hot tub injuries occur because of defective and dangerous equipment. In 2002, Virginia Graeme Baker, who was seven at the time, was trapped underwater by a hot tub’s drain cover. It took two grown men to pull her away from the drain cover’s suction, but their efforts were too late to save her life. The Virginia Graeme Baker Pool and Spa Safety Act, passed by the federal government in 2008, is meant to prevent this kind of serious injury or death from drain suction entrapment.
According to the law, all public pools and spas must have a drain cover that meets the ASME/ANSI A112.19-8 standard or any subsequent standard regulating swimming pools or drain covers and have a second anti-entrapment system if there is only one main drain. Violating the law is a criminal offense, and offenders can also be held liable for injuries or death, if someone is injured at their pool.
Other common causes of swimming pool or spa injuries and deaths include:
- slips and falls on wet surfaces
- defective pool ladders
- defective diving boards
- deficient water levels
- negligent pool supervision
- inadequate emergency equipment
If an accident occurs because of any one of these factors, a pool or property owner can be held liable for any resulting harm and made to pay monetary damages with a premises liability claim.
Should You File a Claim for Florida Pool Drownings and Pool-Related Injuries?
Usually, if you or a loved one were injured in a pool, hot tub, or spa accident on another person’s property or in a public or commercial space, the property owner and/or manager or government entity in charge can be held liable for the injury if it was caused by their negligence. According to Florida premises liability law, a property owner/manager must maintain their property in a reasonably safe condition in order to ensure the safety of anyone who is lawfully on their property. If they fail to provide reasonable care in maintaining and operating their pool, hot tub, spa or the surrounding area and you are injured as a result of their failure, then you have the right to bring a claim for damages against them.
According to Florida law, you must be able to demonstrate that the property owner/manager had “actual” or “constructive knowledge” of the dangerous condition and should have done something to remedy it. In this context, “actual knowledge” means the owner/manager clearly knew about the dangerous condition and failed to address it; “constructive knowledge” means the owner/manager may not have actually known about the dangerous condition, but should have known, given that it had existed for a long time or because it had occurred regularly and was therefore bound to happen again.
If a family member drowned in a pool, hot tub or spa because of someone else’s negligence, you may be able to bring a wrongful death claim against the person or entity whose negligence caused or contributed to the drowning accident. Parents who have horrifically lost children due to drowning are entitled to recover for, among other elements of damage, their deep mental pain and anguish over their devastating loss. When someone has lost a parent or spouse, surviving family members may be able to recover not only for their mental anguish but also for the lost companionship, care and support that their spouse or parent provided prior to the accident. In sum, when a person loses a loved one due to negligence in a pool or spa accident or drowning incident, family members may be entitled to recover substantial compensation as a claimant in a wrongful death lawsuit.
If you were injured in a swimming pool accident that was caused by a defect in the design of a product or the way in which it was manufactured, then the manufacturer, distributors, and retailers can be held liable for any resulting damages with a product liability claim. If the product is proven to be defective and unreasonably dangerous to a user or consumer, you may be able to recover substantial monetary damages even without a finding of negligence on the part of the manufacturer, distributor or retailers, who can be held strictly liable for in a product liability lawsuit.
What Compensation Is Available for Miami Pool Accident Injuries?
The Miami pool accident attorneys at Boyers Law Group have the experience, skill and resources you need to thoroughly investigate your pool accident case, identify all liable parties and demonstrate negligence and/or a dangerous defect in a product and pursue justice on your behalf. We are committed to protecting your rights and pursuing the full compensation you deserve for the damages you have suffered.
The amount of compensation you can recover for a pool, spa or hot tub accident injury varies depending on a number of factors, including the severity of the injury, the financial losses related to the injury and the physical and emotional effects of the injury. In drowning cases, the compensation the surviving family members can recover is likely to be major.
In general, however, a pool, spa or hot tub accident injury may include compensation for the following damages:
- Physical pain and suffering
- Emotional trauma, depression, anguish and stress
- Diminished capacity to enjoy life
- Disability and physical impairment
- Scarring or disfigurement
- Lost income and diminished future earning potential
- Medical expenses
- Family members’ loss of guidance, affection, assistance and support
- Other damages recoverable under Florida law
Boyers Law Group Attorneys Have Many Years of Experience in Representing Clients for Serious Injuries and Wrongful Death from Miami Pool and Spa Accidents.
If you or a family member has been injured while at someone else’s pool, spa or hot tub, get the expert legal help you need by calling Boyers Law Group or submitting the “Tell Us What Happened” form on our website.
Our compassionate, experienced team of attorneys, investigators, paralegals and medical experts will investigate every detail of your swimming pool or spa accident and injuries; build a strong case for negligence and your right to substantial compensation for the pain, suffering and losses you have endured; and leave no stone unturned in pursuing justice for you and your family. We have over 25 years of experience in achieving justice and substantial compensation for our seriously injured clients and are committed to providing you with the compassionate understanding, legal expertise and top-quality service you want.
For outstanding legal representation, assiduous attention to detail and responsive, personalized service, call us as soon as possible at 305-512-7600 or submit the “Tell Us What Happened” form on this page. Our experienced Miami pool accident attorneys will discuss your case with you and provide free, expert legal advice.