Some Important Information About Florida Swimming Pool Accidents
If you are a Florida resident or someone who frequents the Sunshine State, you know that it is always swimming pool season in Florida. The warm climate and sun that shines nearly every day in Florida make the Sunshine State an ideal spot for swimming pool activities. In Florida, you’ll find swimming pools in many homes and communities. However, as much as swimming pools offer people a great way of cooling off and having fun, swimming pools can also be dangerous. Swimming pool-related accidents and injuries are common in Florida. Every year, a large number of children are taken to hospitals after swimming pool-related tragedies. In 2021, it seems as though the situation has gotten worse. In May, a Florida hospital issued an alert and warned about a spike in child pool-related drownings. According to the Orlando Health Arnold Palmer Hospital for Children, there was a 600% rise in submersions in children between March and April 2021.
Often, pool-related accidents can be prevented. Generally, every swimming pool owner owes pool users a duty of care. A pool owner who breaches their duty of care can be held liable for accidents and injuries that occur on their property because swimming pool accidents fall under premises liability. If you or a loved one was severely injured in a swimming pool accident, reach out to a qualified premises liability attorney for help.
Common Pool-Related Accidents
Drowning is the one calamity that comes to everyone’s mind when they think about swimming pool accidents since it causes many deaths annually. According to the World Health Organization (WHO), drowning is the third leading cause of accidental injury death worldwide. It accounts for 7% of all injury-related deaths, with every year seeing an estimated 236,000 people die from drowning. Despite these numbers being huge, the WHO believes that the global estimates significantly underestimate the actual public health problem linked to drowning. Apart from drowning, other common pool-related accidents include slip and fall accidents.
Common Causes of Swimming Pool Accidents
There is no better feeling than swimming on a hot day in the Sunshine State. However, since swimming pools can be just as dangerous as they can be relaxing, you must keep safety in mind each time you go swimming in a pool. Some hazards that can lead to swimming pool accidents can be easily identified, whereas others are not easy to identify. When it comes to slip-and-falls, some of the common causes include;
- Poorly maintained decks and pools
- Lack of slip-resistant coating on decks, ladders, and diving boards.
- Improperly built pools, pool equipment, slides, or diving board
When it comes to drowning, some of the common causes include;
- Lack of appropriate barriers
- Poor supervision. This includes having lifeguards who are unqualified or who fail to supervise swimming pools properly.
- Improper signage
- Improper drains
Injuries That Result From Swimming Pool Accidents
If a swimming injury doesn’t result in death, it will most likely result in a severe injury. Some of the common bodily injuries people sustain from swimming pool accidents include;
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Head injuries
- Loss of hearing or sight
Determining Who Is Liable After a Florida Swimming Pool Accident
Since a swimming pool is considered an individual’s property, you can apply the premises liability rules when dealing with swimming pool accidents. However, you must note that property owners are not always responsible for all incidents that may occur on their premises. When it comes to premises liability, there are varying duties of care as outlined below.
Invitees
This is an individual who enters land with the owner’s permission. Property owners owe the greatest duty of care to invitees. Property owners are expected by law to ensure their pools are well-maintained to prevent invitees from getting hurt. Additionally, public pool owners are required by law to, among other things;
- Provide proper supervision
- Provide enough emergency equipment
- Post enough signage
- Post warnings regarding pool hazards
Licensees
A licensee also enters land with the owner’s permission. Generally, a swimming pool owner is required by law to warn licensees of any pool hazards that are not obvious to a reasonable person.
Trespassers
According to premises liability rules, a swimming pool owner is not responsible to any injuries sustained by a trespasser. However, there is an exemption to this rule. When a child is involved, a property owner can be held liable.
Generally, to establish liability in a swimming pool accident, you need to show that the pool owner owed you a duty of care, and the injuries were not a result of your negligence.
Contact Us Today for Legal Help
If you, a loved one, or an individual you know was injured in a Florida swimming pool accident, reach out to a Naples personal injury lawyer at The Law Offices of Marc L. Shapiro, P.A., today at 239-649-8050 for help. Our team of professional attorneys can also help you if you lost a loved one in a wrongful death situation.
Resource:
who.int/news-room/fact-sheets/detail/drowning
