Fort Lauderdale Drowning And Pool Injury Lawyer
Pools in Fort Lauderdale are fun and provide people with a way to exercise. However, they also present many risks. Drowning is a significant danger for children in pools. If unsupervised for a moment, a child can suffer permeant brain damage or drown if they are under the water too long. Adults in Florida are also injured and drown in pool accidents. However, victims of pool injuries and the families of those who have drowned are entitled to seek compensation through the civil court if a pool owner or manager was negligent.
If you have suffered an injury in a pool or lost a loved one in a preventable drowning accident, contact me, attorney Jared Newman, immediately. At my firm, Jared Newman, Esq., I am dedicated to holding irresponsible pool owners accountable for the harm they cause. I will fight for your legal rights. To schedule a free consultation, call 954-329-5955.
Responsibilities Of Fort Lauderdale Pool Owners
Pool owners in Fort Lauderdale are required to comply with many safety standards. For example, a pool owner should ensure that their pool is secured from unauthorized use by having either a fence, lock or pool cover. Additionally, when a pool is in use, a pool owner must provide adequate supervision, especially if children are swimming.
Pool owners are also responsible for the condition of their pools and any equipment used in the maintenance or enjoyment of them. Therefore, the pool owner must ensure that ladders, drain covers, life-saving equipment and other equipment is maintained and in good working condition. If a pool owner is aware or should have been aware that their pool or related equipment presented a risk, they could be held liable for any injuries or drownings that occur.
These responsibilities are not limited to people who own residential pools. Businesses, hotels, resorts or recreational facilities in Fort Lauderdale also have a legal obligation to ensure that their pools do not present an unreasonable hazard to their guests. If you were injured in a pool, whether it belongs to a neighbor or a commercial facility, it is crucial to contact an experienced Fort Lauderdale personal injury attorney to understand and protect your legal rights.
Liability For Pool Injuries And Drownings
Florida law requires that residential pool owners and managers of commercial and public pools ensure that fences, alarms or locks protect their pools. Furthermore, the pools should be supervised. For example, if a pool – either public or private – is open to guests, the property owner must have adequate safety equipment, maintain the areas surrounding the pool, post necessary signs and provide warnings about any other pool hazards.
If a property owner or manager fails to adhere to these requirements, they could be held liable for any injuries or deaths that occur. For instance, a homeowner could be held responsible for a drowning death if they did not have adequate life-saving equipment available and a swimmer needed help. Additionally, a hotel could be negligent if the shallow end of a pool lacked proper signs or warnings.
In some situations, the manufacturer of the pool or other equipment could be held accountable if a defect caused or contributed to an injury or drowning. Diving boards are popular additions to pools. However, if the diving board is defective, it could result in a devastating injury to an unsuspecting swimmer, opening the manufacturer up to liability. In cases where a product defect caused or contributed to an injury, the owner or manager could still be at fault if they were aware, or should have been aware of the defect.
Swimming Pool Injuries And Negligence Per Se
When someone is injured in a pool accident, they typically file a premises liability claim against the property owner seeking compensation for their injury and other losses. For a plaintiff to be successful, they must establish that the property owner was negligent. In simple terms, this means that the property owner did or failed to do something that caused the injury.
Proving negligence can be difficult in any personal injury lawsuit. However, in Florida, if a property owner has broken the law, then the doctrine known as “negligence per se” comes into play. Under this doctrine, if a law is broken, then the conduct itself establishes negligence. Therefore, if a property owner failed to have a fence around their pool, then their behavior could be construed as negligence per se.
Some pool injuries and drownings in Fort Lauderdale fall under another legal doctrine known as an “attractive nuisance.” Typically, a plaintiff who files a premises liability claim must have a legal right to be on the property. If you are trespassing or otherwise unlawfully on the property, you usually do not have a legal claim against the owner for any injuries you might suffer. However, Florida law recognizes that a swimming pool could attract the attention of a child or that of a person who has an underdeveloped mental capacity. Furthermore, in these cases, the potential plaintiff might not understand the concept of trespassing. Under the attractive nuisance doctrine, owners of swimming pools have additional responsibilities to ensure that young children cannot access their pool without supervision. If a child wanders into a neighbor’s pool and is either injured or drowns, the pool owner could be held liable under the attractive nuisance doctrine.
Call Jared Newman, Esq., For A Free Legal Consultation
If you were injured while at a pool or lost a loved one due to accidental drowning, you have legal rights. I am dedicated to holding negligent property owners and managers responsible for the harm they cause. I represent those who have been hurt or who have lost someone in a preventable drowning accident. Call my Fort Lauderdale law office at 954-329-5955 to schedule a free consultation.