If you live in the Sunshine State, there’s a good chance you spend time at a pool—either your own, a friend’s, or at a public facility. We’re lucky enough to have warm weather year-round, and swimming is a great way to cool off and stay active. A visit to a pool should be relaxing, fun, and, most of all, safe. Sadly, pool accidents happen more often than you think.
According to the state’s Department of Health, Florida has the highest rate of drownings in the U.S. for children aged one to four, and the second-highest rate for children aged one to 14. While these statistics are unfortunate, they don’t tell the whole story of pool accidents in Florida. Adults and teenagers drown, too. And while devastating, drownings are not the only pool-related accidents that can have lifelong effects.
An accident can happen in a matter of seconds and change your life forever. In addition to drowning, some of the most common pool accidents are:
These accidents can result in spinal cord injuries, brain damage due to a lack of oxygen, broken bones, intestinal damage, and even loss of life.
Anyone, of any age, who is in or around a pool is at risk for an accident. However, some populations are more susceptible. In 2012, the Florida Department of Health reported that males accounted for 72% of drownings and near-drowning hospitalizations. And while children four or under account for many accidents, there is also an increased risk for adults aged 75 and older.
Pool accidents are often the result of someone’s — either an individual’s or a company’s — negligence or careless actions. This is called being “at fault.” To pursue a pool accident settlement, you must be able to prove another party was at fault. Who is found to be at fault depends on (1) where the accident took place; and (2) what factors attributed to the accident. In a pool accident in Florida, at-fault parties could be:
Even though it is private property, Florida homeowners are required to keep their pools safe and in good working order. These laws are found in Chapter 515 of the Florida Statutes, The Residential Swimming Pool Safety Act. According to these laws, at least one of the following safety features must be present at a private pool:
State law takes these safety measures seriously. Even in the absence of any pool accidents or injuries, failing to have one of these measures in place is a misdemeanor.
If an accident occurred and the homeowner failed to have one of these safety features in place, they could be at fault for a pool accident.
Commercial pools in places like spas, resorts, and hotels also have safety requirements.
These are just some of the requirements in place for public pools in Florida. The bottom line is, just as with private pools, public pools and the area surrounding them must be safe.
Manufacturers have a responsibility to produce safe and effective products. Incidents, where a manufacturer may be liable for a pool accident in Florida, include:
Every pool accident, and any resulting injuries, are unique. After careful review, an experienced personal injury attorney in Florida can tell you if you have a legal case.
There are many ways we can all be safer around pools:
Learn how to swim. Have children take swimming lessons at an early age. And if you didn’t learn as a child, it’s not too late. Adult classes are offered at YMCAs and other organizations. No one has to be an Olympic swimmer, but being comfortable in the water and knowing basic strokes, along with how to float, are essential.
Become certified in CPR and First Aid. That way, you can be prepared for any accidents that may occur.
Be smart when around pools. That means no “horseplay.” Never throw or push anyone into a pool. Don’t run on pool decks.
Make sure commercial pools are safe. When swimming in commercial pools, only use well-lit pools that have a lifeguard on duty.
Designate one person to be the “lookout” in private pools. That person’s sole job is to keep an eye on all swimmers, particularly young children. Unlike what you see in movies, drowning is often silent.
Keep a phone next to the pool in case of emergencies.
Stay sober. Even a couple of drinks can slow your reflexes and impair your judgment.
Do not swim in a malfunctioning pool. If any pool part appears to be malfunctioning, have everyone evacuate the pool. Do not use the pool until it is fixed.
Have multiple safety features. While the law only requires homeowners to have one safety feature in place, you can certainly have more. If there are children or frail adults in the home, consider using both door and window alarms in conjunction with a barrier fence. Even if you hear an alarm, you may not get to the pool in time. Drowning can happen in as little as 20 to 60 seconds.
Take care of pool covers. Pool covers can hold water after a rainfall. Be sure to clean off the cover as needed, as young children can drown in just a few inches of water.
Even when great care is taken, pool accidents can and do happen. If you or a family member has been injured in a pool accident in Florida, you may be able to pursue a settlement.
Being involved in a pool accident is expensive. The Department of Health reported that in 2012, hospitalizations for near-drownings in Florida cost over $16 million. That figure does not include other types of pool injuries, including those resulting from slips and falls. Anyone involved in a pool accident where another party was at fault deserves to be compensated.
In many cases, the insurance company will offer you money right away. They will be in a hurry to settle the case and do not have your best interest at heart. Never sign any forms or agree to anything without first speaking with an attorney. What you are being offered may only be a fraction of what you are legally entitled to. A fair settlement is one that adequately compensates you not only for medical expenses, but also lost wages and pain and suffering.
Don’t assume that you cannot receive money for seemingly minor injuries. “Just” a broken arm can keep you out of work or school, resulting in surgeries and significantly impacting your life. Even if you think the accident was your fault, in the eyes of the law that may not be the case. Florida laws regarding pools are lengthy and complex. An attorney familiar with pool accidents in Florida will see the big picture.
As personal injury attorneys living and working in Florida, we know the ins and outs of pool accidents. And when we take on your case, you pay nothing upfront. Our firm only gets paid if and when we are successful in getting you compensation for your injuries.
At Herman & Wells, we offer prospective clients a free case evaluation. We’ll let you know if you have a case, no strings attached. While a settlement can’t undo an accident, it can make life more comfortable. You shouldn’t have to worry about medical expenses or lost wages. Please contact us today at (727) 821-3195.