Tallahassee Swimming Pool Accident Lawyer
Representing for the Wrongfully Injured in Florida
While Florida’s beautiful summer months can be wonderful to enjoy with friends and loved ones, pool days aren’t without risk. It’s important to know what steps to take if you or a loved one is hurt at a pool due to negligence. Fortunately, our skilled swimming pool accident attorney has extensive experience representing the wrongfully injured in Tallahassee.
At The Pelham Law Firm, we understand how frustrating and alarming it can be to find yourself out of work and living a reduced quality of life because someone else made a careless or reckless decision. That’s why our experienced lawyer is entirely committed to helping the wrongfully injured in Florida navigate the complexities of personal injury lawsuits to obtain the justice they rightfully deserve.
If you or a loved one were injured in a pool accident, our firm can fight for compensation on your behalf. Call (850) 383-6600 to request a consultation.
Premises Liability Law in Florida
In personal injury law, premises liability claims arise when a person is injured on someone else's property due to negligence. In the context of swimming pool accidents, premises liability laws play a crucial role in determining who is liable when such incidents occur.
Florida's premises liability laws hold property owners accountable for maintaining a safe environment for visitors. These laws require property owners, including those with swimming pools, to exercise reasonable care in preventing foreseeable injuries to others.
When it comes to swimming pool accidents, the state has additional regulations in place, including the Residential Swimming Pool Safety Act. This law requires property owners to adhere to specific safety standards for residential swimming pools, including:
- The pool must be equipped with an approved safety pool cover;
- The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of § 515.29;
- All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB at 10 feet; and
- All doors providing direct access from the home to the pool must be equipped with either 1.) a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor, or 2.) a swimming pool alarm that, when placed in a pool, sounds an alarm upon detection of an accidental or unauthorized entrance into the water.
In Florida, the statute of limitations for filing a premises liability claim is 4 years from the date of the accident (Florida Statutes § 95-11). It’s imperative to consult with a qualified personal injury lawyer as soon as possible after a swimming pool accident, as they can help you establish negligence in court and fight to secure the fair compensation you deserve.
Determining Liability in a Swimming Pool Accident
Liability for a swimming pool accident in Florida can vary depending on the circumstances. Here are some scenarios that can help determine who may be held responsible for a swimming pool accident:
- Property Owner Negligence: If the property owner fails to meet the safety requirements mandated by law, such as inadequate barriers or lack of warning signs, they may be held liable for any resulting injuries.
- Maintenance Company Negligence: In cases where a professional maintenance company is responsible for the pool's upkeep, their negligence in maintaining a safe environment could make them liable for accidents.
- Negligence of Pool Users: If another individual's actions, such as reckless behavior or failure to follow safety guidelines, directly contribute to the accident, they may share some liability.
4 Elements to Win a Swimming Pool Accident Lawsuit
To successfully pursue a personal injury claim after a swimming pool accident, the burden of proof lies with the claimant. This means that, to obtain compensation, plaintiffs must demonstrate four key elements to the court, including:
- Duty of Care: The plaintiff must show that the defendant owed a duty of care to the injured party. In the case of swimming pool accidents, property owners are expected to provide a safe environment for visitors.
- Breach of Duty: The plaintiff must prove that the defendant breached their duty of care by failing to adhere to safety regulations or acting negligently.
- Causation: The claimant must demonstrate that the defendant's breach of duty directly caused or substantially contributed to the injuries sustained by the victim.
- Damages: The claimant must show they suffered actual (compensatory) damages, such as physical injuries, emotional distress, medical expenses, or loss of income.
These elements are crucial in proving negligence and demonstrating the liability of the responsible parties in a swimming pool accident case.
Recoverable Damages in a Swimming Pool Accident Case
In a swimming pool accident case, the injured party may be entitled to various types of recoverable damages, including:
- Economic Damages: These entail quantifiable damages that can be monetized, such as medical expenses, hospital bills, ongoing treatment, loss of earnings, property damage, and future medical costs.
- Non-Economic Damages: These are damages that can’t be determined in monetized amounts or financial charges. Examples include loss of enjoyment of life, pain and suffering, loss of consortium, loss of earning capacity, and scarring/disfigurement.
Contact a Trusted Tallahassee Personal Injury Attorney
After a swimming pool accident, consulting with an experienced lawyer is crucial to achieving a favorable result in court. At The Pelham Law Firm, we have extensive experience helping our clients navigate the complexities of personal injury disputes in Florida courts.
Attorney Randy Pelham, a former law enforcement officer, has the in-depth legal knowledge and experience to serve clients throughout Tallahassee. From slip-and-fall cases to car accidents, turn to a firm you can trust to prioritize your unique needs after an injury while fighting for maximum compensation on your behalf.
No one deserves to suffer due to another’s negligence. Contact us online to discuss your personal injury case with a skilled attorney in Florida.