Miami Pool and Drowning Accident Attorneys
Helping Pool Accident Victims Throughout the State of Florida
Drowning is the second leading cause of injury death among children ages one to fourteen in the U.S., with Florida and Texas leading the nation in number of deaths per year. Unfortunately, many others, including adults, also suffer serious injuries from swimming pool and spa accidents that could and should have been prevented.
Given that pools and hot tubs or spas are everywhere in Florida, it is critical that we adhere to high pool and spa safety standards. When premises owners fail to do so, serious injury or a tragic drowning death can be the result. If you or a loved one has suffered a serious injury or loss due to pool or spa negligence, it is important to take timely action to protect and enforce your legal rights.
The experienced pool accident attorneys at Boyers Law Group can help you hold the responsible parties accountable for their negligence while enabling you obtain the financial compensation to which you are legally entitled to. Please call us at 800.545.9100 or submit the “Tell Us What Happened” form on our website for a free consultation, so we can preserve essential evidence and effectively investigate and prosecute your legal claim.
Causes of 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, especially when it comes to young children, keeping them 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.
Under Florida law, all homeowners must ensure that their pools 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. 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.
Besides negligent supervision, some pool 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 electrocution, slips and falls on wet surfaces, defective pool ladders, defective diving boards, deficient water levels, and negligent lifeguard supervision or inadequate emergency equipment. If an accident occurs because of one of these factors, a pool or premises owner can be held liable for any resulting harm.
Liability for Florida Swimming Pool Drowning and Injuries
Typically, if a pool, hot tub, or spa accident occurs 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 premises in a reasonably safe condition in order to ensure the safety of anyone who lawfully entered their premises. If they fail to discharge this obligation by exercising reasonable care in maintaining and operating their pool, hot tub, spa, or the surrounding area, then they can be held legally accountable for injuries that occur there.
Pool owners and operators can be made to pay monetary damages to compensate you for your injuries, pain, suffering, and other losses, if their negligence caused harm to you or a loved one. Even if the premises owner or manager didn’t create the dangerous condition but knew or should have known about it and then eliminated it or warned visitors about it, they can still be held legally responsible for your injuries.
If your swimming pool accident 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 may well can be be held strictly liable for any resulting damages under Florida product liability law. If the product is proven to be defective and unreasonably dangerous to the user or consumer, these parties can be held absolutely liable for any resulting injuries and damages even in the absence of a finding of negligence.
Time is of the Essence
In order to protect and preserve your legal rights, you should talk with an experienced Florida swimming pool accident attorney as soon as possible. Getting highly experienced legal advice is important so that you and your family can get answers and focus on healing while essential evidence is being gathered.
Boyers Law Group Attorneys Have Many Years of Experience in Representing Clients for Serious Injuries and Wrongful Death from 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 legal help you need by calling Boyers Law Group or submitting the “Tell Us What Happened” form on our website.
Our compassionate, experienced team will help you understand the legal process, make sure we understand every detail of your swimming pool or spa accident and injuries, and do everything possible to hold the responsible parties accountable.
We have over 20 years of experience in achieving substantial compensation for our seriously injured clients.
The 2018 Florida Statutes. Title XXXIII Regulation of Trade, Commerce, Investments, and Solicitations. Chapter 515 Residential Swimming Pool Safety Act.
U.S. Government Publishing Office. (2018). Pool safety: The tenth anniversary of the Virginia Graeme Baker Pool and Spa Safety Act. Hearing before the Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security of the Committee on Commerce, Science, and Transportation United States Senate One Hundred Fifteenth Congress First Session.
U.S. Consumer Product Safety Commission. (2018, Sept. 19). Latest pool safety statistics: At least 148 children fatally drowned in pools and spas this summer.