MIAMI SWIMMING POOL ACCIDENT ATTORNEY
We all go to swimming pools to relax. Whether to enjoy the summer heat or to commemorate an event, swimming pools are a huge part of our summer. But, a happy family trip can turn into a catastrophic incident in a quick second.
Drowning accidents are relatively common in swimming pool accident cases. This devastating tragedy often takes the life of the victim. Drowning happens for several reasons.
But, if a person drowned because of a negligent property owner, the victim’s family has the legal rights to file a personal injury lawsuit. In this scenario, you would need the help of a seasoned personal injury lawyer to help you attain the justice you and your family deserves. Table of Contents
HOW CAN THE SOFFER FIRM HELP YOU WITH YOUR SWIMMING POOL ACCIDENT CASE IN MIAMI?
Premises liability cases such as swimming pool accidents can often be complicated. In a drowning accident, one would need to look at various factors to find out who is responsible.
Swimming pool accident attorneys are professionals who are experts in these types of cases. They have vast knowledge about premises liability law and have years of experience defending their clients.
At The Soffer Firm, our experienced drowning accident lawyer has successfully defended many clients. He was able to recover fair financial compensation from the at-fault party.
Our law firm can help you with the following:
- A thorough investigation of the case to correctly identify the responsible party.
- Communicate with the insurance company so you can receive the maximum compensation.
- Represent you before the court when a lawsuit is filed.
- Gather necessary evidence beneficial for your case.
LEADING CAUSES OF SWIMMING POOL ACCIDENTS IN MIAMI
Several factors can cause a swimming pool injury. Center for Diseases Control and Prevention (CDC) identifies the following as causes of swimming pool accidents:
- Unskilled swimmer
- Not setting up fences around the pool
- Lack of supervision
- Location
- Not using or lack of life jackets
- Swimming under the influence
Slippery poolside surfaces can also contribute to swimming pool accidents. A victim may slip and fall because of this.
Whether in a private or a public swimming pool, fatal drownings can happen if the swimming pool is unsupervised. Swimming pool owners should set up adequate security measures to prevent fatal drownings from happening.
SWIMMING POOL ACCIDENTS RESULT IN LIFE-ALTERING INJURIES
In Miami, swimming pool accidents can cause serious injuries. In a published online news report, it states that Florida has the second-highest fatal drownings in 2021.
The most common swimming pool injuries or poolside slip injuries include the following:
- Back injuries: These are severe injuries caused by a brutal, blunt force trauma in the back. Severe back injuries could progress to spinal cord injuries if the damage is severe.
- Head injuries: A head injury is also caused by external blunt force trauma. These injuries are commonly associated with broken or cracked skulls.
- Broken bones: Fractures are breakage in the bone structure, particularly in the limbs.
- Brain injuries: This is a serious injury affecting the brain. Brain injury victims often lose their ability to use a specific part of their body.
THINGS YOU NEED TO DO AFTER A SWIMMING POOL ACCIDENT IN MIAMI
Most swimming pool accident victims will lay unconscious after being rescued. If you are the present family member you would need to preserve as much evidence as possible. The following steps can be beneficial for you as a family member of the drowning victim.
- Seek medical attention immediately after the accident.
- Document the surroundings of the pool. Make sure that you get photographic evidence or video footage of the property.
- Gather witness information. This is useful once you file for an accident claim.
- Keep every medical record related to the incident.
The most important step you can take after an accident is to hire a personal injury lawyer. A personal injury lawyer will take care of the legal groundwork while you take time to recover fully.
WHO SHOULD BE LIABLE FOR MY MIAMI SWIMMING POOL ACCIDENT?
Determining liability in swimming pool accidents can be complicated. Numerous factors are taken into account when imposing responsibility for the accident.
PREMISES LIABILITY
If the responsibility lies in the swimming pool owner, it will be categorized under premises liability. Property owners must observe adequate safety measures in their establishment. If the accident results from a negligent owner, he will take total liability for any injuries.
NEGLIGENCE
Negligence can place the liability into several people. The negligent individual can be the property owner, the pool equipment manufacturer, or the child’s caretaker.
For example, the investigator found out that a child drowned because his caretaker ignored where the child was going. The caretaker can be held responsible for the accident.
PRODUCTS LIABILITY
The pool equipment manufacturer can also be responsible for the accident. For example, the investigator finds out that the child had access to the pool because of a defective gate latch. The manufacturer of the gate latch can be held liable for the drowning accident.
MIAMI SWIMMING POOL ACCIDENT STATISTICS
A recent statistic report shows that Miami-Dade county has a decreased number of reported unintentional drowning deaths. In 2015, the county reported 37 drowning occurrences. On the other hand, the county reported 22 drowning incidents in the year 2019.
- 2015: 37
- 2016: 38
- 2017: 32
- 2018: 28
- 2019: 22.
COMPENSATORY DAMAGES AVAILABLE TO SWIMMING POOL ACCIDENT VICTIMS
Compensations for a drowning accident are similar to every personal injury claim. A swimming pool accident claim covers both monetary and non-monetary damages.
Monetary damages cover any expenses that directly affect the victim’s finances. This would include current medical expenses or any future medical bills for the victim’s recovery. This damage also covers the victim’s lost wages if he cannot report back to work immediately.
Non-monetary damages do not directly affect the victim’s finances. An example of this damage includes emotional distress and loss of consortium. The victim can receive compensation if they suffer a mental health issue from the accident.
It will help if you speak with your lawyer to get a rough estimate on how much compensation you can get for your injuries.
CAN I BE COMPENSATED IF I GET SICK RESULTING FROM CONTAMINATED POOL WATER?
Pool owners should maintain the cleanliness of their swimming pools. Neglected swimming pools are swarming with infectious microorganisms. Most of these water-bourne infections can cause devastating diseases.
The owner can be held liable if the victim contracts a disease from a swimming pool’s murky water. As established earlier, a property owner should ensure that his establishment is generally safe for everyone. An owner is liable for the accident if he fails to do his duty.
IF I'M PARTLY LIABLE, CAN I STILL GET DAMAGES FOR MY SWIMMING POOL ACCIDENT INJURIES IN MIAMI?
Chapter 768.81 of Florida Statutes states that Florida follows a pure comparative negligence regulation. This means that the victim can recover compensation for their damages even if they are partially at fault.
However, it will be reduced by the fraction he contributed. For example, suppose a victim is entitled to a $100,000 compensation and is found to be 50% at fault for the accident. In that case, he can only receive $50,000.
The court will decide how much will be deducted from the victim’s compensation. They will base this decision on the presented facts and evidence related to the accident.
An experienced and skilled personal injury lawyer will help you recover the maximum amount of compensation possible. They will represent on your behalf and present solid facts and evidence in your defense.
WHAT IS THE STATUTE OF LIMITATIONS FOR A SWIMMING POOL ACCIDENT CLAIM IN MIAMI?
Chapter 95.11 of Florida Statutes laid out the statutes of limitation for the different classes of cases. The Statute states that for most personal injury cases, a victim can file a lawsuit within four years from the date of the accident.
But for wrongful death cases, the family or the loved one of the victims can only file a lawsuit within two years from the victim’s death.
In filing for a lawsuit, the earlier, the better. This would give you and your lawyer ample time to recover any evidence you need that can help you with your case.
CONTACT OUR HIGHLY EXPERIENCED MIAMI SWIMMING POOL ACCIDENT LAWYER TODAY FOR A FREE CONSULTATION
Swimming pool accidents are often complicated cases which is hard to resolve. Since, in most cases, three parties are involved, you can expect a lot of finger-pointing.
The first party will try to deny responsibility and pass it on to the other party.
It’s hard getting caught in the middle of this situation. If you or your loved one is a victim of a swimming pool accident in Miami, you will need the help of a locale expert lawyer.
At The Soffer Firm, your problem will not fall on deaf ears. We hear you, and we know exactly how we can help you. Call us now at (786) 788-7344 or fill out our online form for a free consultation.