Despite certain precautions, swimming pool accidents sometimes result in permanent injuries or even death. This tragedy is especially common among children and the young.
It’s important to be aware at all times when you’re in and around the pool, and to supervise children. Adult pool parties can involve alcohol and it’s especially vital to be watchful of swimmers who may have had too much to drink. If there are too many people in the pool at once, it’s a good idea to assign someone as the lifeguard to keep a watchful eye on the crowd, especially if small children are swimming.
If a swimming pool accident does occur, you may have questions about who’s at fault and legally liable for the medical bill payments, recuperation of lost wages, and other damages. If the accident occurs at a private residence, public pool, or hotel pool, it may be covered under your state’s premises liability law.
Florida premises liability law
This law states that property owners are responsible for keeping people from harm on their property. If you own a swimming pool, you must take reasonable steps to protect guests from injuring themselves by posting signs, putting up gates, and keeping the pool free of hazards.
There may also be liability that arises from negligence or product failure. Negligence could be proven if there was a failure to hire competent lifeguards at a public pool. Even though the lifeguard was at fault, negligence transfers to the employer who is responsible for damages to the victim.
Or if a pool drain malfunctions and causes injury to a swimmer, the pool owner is also the responsible party. In the case of product liability, such as a malfunctioning filter that caused the injury, a product liability suit can be brought against several parties such as the reseller, manufacturer, or the distributor — in addition to the pool owner.
What to do if an accident occurs
If you or someone you care about is involved in a swimming pool accident, take these steps:
- Call 911.
- Take photos of the accident scene, especially where the accident occurred and what caused the accident. This will be important to prove your case for liability.
- Record what happened — including dates, times, and parties involved. It’s helpful to ask bystanders what they saw.
- See a doctor and keep a record of your physical and emotional pain.
- Find a lawyer who is an expert in premises liability law.
When accidents and injuries happen at a swimming pool, the victim may be entitled to compensation to make them whole again under the law. This means that the victim (or the victim’s family) should receive payment from the at-fault party to recover losses.
Compensation can be earned for lost wages and potential wages, medical bills, pain and suffering, and emotional trauma. If a pool-related death occurs, the victim’s family should receive compensation for their loss.
Whether you’re a pool owner or like to swim at public pools in the summertime, always pay attention to pool hazards. Keep safety gates locked, ensure that the pool is well maintained, and enforce all rules while following them yourself. Keep a close eye on children and never leave them unattended in the pool. By adhering to these important guidelines, you can have a happy and safe pool season.
Continue reading for further information on premises liability cases in swimming pool accidents.
