Florida is a paradise. With our wonderful weather, great beaches, and stunning views, it’s easy to fall in love with the state. But what many overlook is the fact that it’s also a state filled with risks. Swimming pools are a mainstay everywhere, from hotels to the backyards of most residents.
When someone is injured in a swimming pool accident, what are their rights?
A Serious Risk
Pools are great. They let you cool off and enjoy the summer sun. But they always carry the risk of bodily harm, and whether it’s a slip on a slick walkway or a drowning, the risk of injury is always there.
Each year, people are hurt or die in pools. Roughly 76 percent of drowning deaths in the US involve children who are under 5 years old. Even adults can be hurt or die as well, and when that happens you may have the right to seek compensation from your injuries or your loss.
Busting The Stigma
Filing a personal injury case to get financial compensation is often given a negative stigma thanks to the media. But the fact is that those who are impacted by an accident are often left struggling financially. By filing a personal injury lawsuit you are able to get your financial stability back after an accident.
When your injuries are caused by the actions of someone else, it isn’t right for you to try to shoulder that burden on your own. Your personal injury lawyer can help get you the restitution that you’re owed and ensure that you can move on. There’s no shame in getting what you’re owed when you’ve been wronged.
Personal Injury Fault
Under Florida law, those who are hurt in an accident that was caused by the reckless or negligent actions of someone else do have the right to seek compensation for their injuries through a personal injury lawsuit. In auto accidents, this can mean things like speeding or drunk driving. But in a pool accident, it’s not as clear-cut.
You’ll have to show one of two things – that a child was injured due to an ‘attractive nuisance’, or that your injuries happened because of someone else’s recklessness or negligence.
Attractive Nuisances
An attractive nuisance is a term that applies to any object that is likely to attract children and located on someone’s property. Essentially, a landowner can still be held liable for injuries that children sustain on their property even if the children are trespassing.
Since the landowner should know that a pool will be attractive to local children, they must take steps to prevent unauthorized use. This includes the installation of fences, gates, automatic lighting, signage, and more. Even minimal steps to prevent the use of a pool may be enough to avoid a lawsuit, but each case is different.
Recklessness or Negligence
For those who are hurt while at a pool such as a hotel pool or even a neighbor’s pool, there may still be the right to seek restitution if it’s shown that recklessness or negligence caused an accident. For instance, failure to alert the public that a particular area is slippery when wet could be enough to count as negligence.
In these situations your attorney will have to review your injuries and the property and then make a determination as to what kind of rights you have. Again, each case is different and review by an attorney is the only sure way to know just what your options for restitution may be.
What Are You Owed?
Determining what is a fair settlement in a swimming pool accident lawsuit isn’t easy. That’s because a lot of different variables may need to be considered. Some of the main things that have to be considered include:
- Medical bills
- Lost wages due to missing work
- Funeral costs if the injuries caused the death of a loved one
- Impact on future earnings potential
- And more
Essentially, the goal of a lawsuit of this nature is to return you to the point you would have been in had the accident never occurred, from a financial standpoint. Your attorney will work with professionals in the medical and financial community to review your case and determine exactly what you’re owed.
The Help You Need
A personal injury case involving a swimming pool accident is incredibly complicated. Getting the help that you need is important, and proving fault is far beyond the scope of the average person’s capabilities. As such, it’s important that you talk to an attorney.
Your lawyer will take over your case and let you stop stressing about the outcome since you know that a professional is fighting for you. With your lawyer you’ll get a faster outcome, a fair settlement amount, and the chance to move on after tragedy.
Contact our team today to get our initial consultation and learn more about how we can help you.
