Thanks to year-round sunshine and hot, humid summers, many Floridians enjoy swimming in private and public pools. With almost 400,000 swimming pools in the state, it is no surprise that Florida is also one of the leading states in the nation when it comes to drowning deaths. According to recent reports, fatal drownings increased by as much as 70% from 2019 to 2020. Tragically, these incidents most commonly involved children, with drowning serving as the number one cause of death for children between the ages of one and four.
At Zimmerman & Frachtman, P.A., we represent clients who have been catastrophically injured or who have lost loved ones in all types of swimming pool accidents, including fatal drownings, near-drownings, slip and falls, and more. In many cases, swimming pool accidents are entirely preventable. Negligent property owners and others can often be held legally accountable for victims’ resulting damages, as well as the losses endured by the families of those involved in fatal accidents.
Our Florida swimming pool accident attorneys are here to provide the compassionate and attentive support you need, as well as the aggressive advocacy you and your family deserve. We understand the challenges you are facing, and we are ready to help you fight for justice.
Who Is Liable for Swimming Pool Accidents?
Determining liability after a swimming pool accident can be challenging. We encourage you to reach out to an experienced personal injury lawyer at our firm who can review the specifics of your situation and identify the liable party or parties. We work with a team of experts who help us investigate claims and build powerful cases for our clients.
Depending on the details of your case, any of the following parties could be liable for the accident:
- The Property Owner: Property owners are responsible for taking certain precautions to prevent accidents and ensure swimming pools are reasonably safe. For private homeowners with swimming pools, this means erecting barriers around swimming pools that meet certain safety guidelines. Such barriers must be at least four feet high on the outside, may not contain any openings or gaps, must secure the perimeter of the pool, and must be locked or otherwise secured. For public pool owners, this means erecting appropriate barriers, posting proper signage, and, in some cases, hiring lifeguards or other supervising entities. When public or private property owners are negligent or fail to meet state laws regarding swimming pool safety, they can be held accountable for resulting accidents, injuries, and deaths.
- An Individual Person or Party: If someone other than the property owner was negligent or acted wrongfully, leading to a swimming pool accident, that person or party could be liable for the victim’s resulting injuries and damages. For example, if a lifeguard at a public pool is distracted or inattentive and, therefore, fails to properly monitor swimmers or rescue someone in trouble, they could be liable. Additionally, the entity that employs the lifeguard (or another negligent party) could be partially or wholly liable.
- The Manufacturer of a Defective Product: If a person is severely injured or dies in a swimming pool accident caused by a pool defect or defective equipment, the manufacturer, distributor, or another related party could be liable. Some examples of defective products/equipment that may lead to a swimming pool accident include flotation devices, inflatables, life rings, diving boards, pool filters, cleaning products, handrails, pool liners, pool/spa covers, pumps and pump motors, drains, and more.
Determining who is liable for an accident is critical. Our Florida swimming pool accident attorneys work quickly and efficiently to build sound cases for our clients and are prepared to persuasively present these cases to the insurance company, judge, or jury.
What Types of Injuries Result from Swimming Pool Accidents?
Although drownings are among the most common—and most commonly known—types of pool accident injuries, victims may sustain a variety of other injuries in all types of pool accidents.
Some common pool accident-related injuries include:
- Oxygen deprivation
- Brain damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Broken bones/fractures
- Soft tissue injuries, such as lacerations
- Organ damage
- Internal bleeding and bruising
These and other serious injuries typically require immediate medical attention. They can be extremely costly to treat, and the recovery period may be extensive. At Zimmerman & Frachtman, P.A., we recognize the immense impact these injuries have on victims and their loved ones, which is why we strive to recover maximum compensation for every client. If the insurance company refuses to settle your claim fairly, we are prepared to represent you at trial.
Swimming Pool Safety Tips
Swimming pool accidents are preventable. Drownings often happen quickly, silently, and without warning. Thankfully, there are some things you can do to help prevent drownings and other swimming pool accidents, whether you are a pool owner or simply enjoy visiting pools with your family.
Here we have compiled a list of helpful swimming pool safety tips:
- ALWAYS supervise children playing in or near the pool
- Install barriers around your pool and make sure they meet all legal requirements
- Ensure the barrier around your pool is locked when not in use
- Consider installing alarms on doors that lead to the pool
- Cover your pool when not in use with a secured, lockable cover
- Place life-saving equipment near the pool where it can be easily accessed
- Stay up to date on CPR training
- Enroll your children in swimming lessons and ensure they know what to do in an emergency
- Put pool toys (floaties, balls, etc.) away when not in use
- Secure pool ladders, steps, and diving boards when not in use
- Ensure your pool is free from hazards and is properly maintained
- Make sure your pool meets all Virginia Graeme Baker Pool & Spa Safety Act standards
- Do not rely on lifeguards when visiting public pools—always watch your children
- Have young children and less-confident swimmers wear floatation devices
- Communicate rules to your children, such as no running, roughhousing, or diving
Additional pool safety tips and information:
- Centers for Disease Control
- Consumer Product Safety Commission
- Virginia Graeme Baker Pool & Spa Safety Act
The most important thing you can do to protect yourself and others is to know your limits when it comes to swimming and always keep both eyes on children who are swimming or playing in or near the pool. If the unthinkable happens, and you believe someone else may be to blame, contact our Florida swimming pool attorneys at Zimmerman & Frachtman, P.A. to learn how we can help.
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We understand the devastating impact of swimming pool accidents, both on injured victims and the families of those who die in tragic fatal accidents. Our team offers compassionate, client-focused legal support with a strong emphasis on open communication, transparency, and results. We offer our clients our personal contact information so that they can always get in touch with us when they need to, and we are happy to answer any questions you may have during a free initial consultation.
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