Pool-Related Injuries & Drownings

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WHAT HAPPENED?

Has a loved one of yours been injured in a pool? Have you lost someone you love in a drowning accident? The resulting grief, physical pain and financial strains can be devastating. It may seem overwhelming, but you don’t have to go through it alone. You should consider seeking legal advice following a pool drowning or injury. Our law firm has helped others like yourself navigate the difficult times ahead.

According to the CDC, there are 3,536 pool drownings every year in the U.S. That means someone drowns in a pool nearly every 2 hours. Each state has its own safety rules governing pools. Florida has made it a criminal offense to violate these safety rules. Unfortunately, many people and corporations do not follow pool safety guidelines and it’s a deadly mistake.

THE CLIFF NOTES

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THE CLIFF NOTES

Get the key takeaways from this page

A man, leaning on crutches, carefully navigates with an injured foot.
  • To ensure pool safety in Florida, adherence to specific pool construction laws, including the installation of enclosures or approved safety covers, is crucial, as failure to comply may result in serious legal consequences.
  • In Florida, pool barriers must be at least 4 feet high, without any openings allowing child access, extending around the entire pool, and positioned to prevent unintended entry into the water.
  • Commercial pools must adhere to additional rules beyond residential requirements, covering aspects like pool markers, signs, lifeguards, surface textures, water slides, floating rope lines, and dimensions of walls and corners.
  • Drowning, the fifth leading cause of unintentional injury death in the U.S., claims one in five lives of children aged 14 and under, with each fatality often resulting in multiple nonfatal submersion injuries, including brain damage and learning disabilities.
  • If you’ve lost someone in a drowning accident, contact Herman & Wells at (727) 821-3195 for legal support and compensation, ensuring adherence to pool safety rules.

CONSTRUCTION LAWS GOVERNING FLORIDA POOLS

If the appropriate safety rules were followed, it would save thousands each year. So what can you do to ensure your pool is safe for your family and guests? Let’s start by taking a look at some specific pool construction laws. In Florida, pools are required to have enclosures in order to prevent kids from easily accessing them.

Florida Statutes, Chapter 515 requires at least one of the following:

  1. Isolation from access to a home by an enclosure that meets the pool barrier requirements stated below;
  2. An approved safety pool cover;
  3. All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85dBA at 10 feet; or
  4. All doors providing direct access from the home to the pool must be equipped with self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.

Florida homeowners who violate these rules could end up facing serious criminal charges.

WHAT ARE THE LEGAL REQUIREMENTS FOR A POOL BARRIER?

Homeowners in Florida are often surprised to learn just how many legal requirements are in place for residential swimming pools. Here are just a few of them to keep in mind:

  • It must have a barrier that is at least 4 feet on the outside.
  • It may not have any gaps or openings or components that allow a child to pass the barrier.
  • The barrier must extend around the entire pool.
  • Barriers must be far enough from the water’s edge to prevent young children or medically frail elderly people who have penetrated it from falling into the water.
Hanna Waldhalm
Hanna Waldhalm
May 2, 2024
If you are seemingly up against the impossible Keith Stahl, with Herman and Wells, WILL have your back and he WILL get positive results! I can highly recommend him for whatever the odds are against you!
Kate Adams Chamizo
Kate Adams Chamizo
April 28, 2024
I recently experienced a hit and run auto accident and felt lost and hopeless when it came to next steps. Herman & Wells provided step by step care and made the entire process smooth. Certainly something needed after such a traumatic event. Dara worked with me directly to ensure I had all questions answered and knew the entire process. I was able to hold my car insurance accountable with the help their help. I highly recommend using their services, you won't be disappointed.
nick michailos
nick michailos
April 27, 2024
Keith Stahl represented me, and I couldn't be happier!
Ronnie Kaye
Ronnie Kaye
April 17, 2024
Highly recommended, they worked hard and diligently to get the best outcome possible, ALWAYS answered the phone and always addressed all my concern's. 5 stars!!!!
Zack McMackin
Zack McMackin
April 16, 2024
Bill Demas is an exceptional disability and personal injury claims attorney who tirelessly fights for the rights of his clients. Having had the privilege of collaborating with him on numerous occasions over the years, I have consistently been astounded by his unwavering dedication and unwavering resolve. Bill not only takes the time to attentively listen to his clients' concerns but also ensures they have a comprehensive understanding of the legal process, guiding them every step of the way. His meticulous attention to detail and strategic mindset consistently maximize the chances of achieving a successful outcome. Additionally, Bill's compassion and support extend beyond his legal expertise, as he empathetically understands the emotional toll these situations can have on his clients. Without hesitation, I wholeheartedly recommend Mr. Demas to anyone seeking a disability claims lawyer who will fiercely fight for their rights.
michael grahs
michael grahs
April 5, 2024
Warren did us a huge favor and was extremely honest with his opinion and will definitely use him if needed again.
Chuck Kirk
Chuck Kirk
March 26, 2024
William C. Demas, Esq. Disability, ERISA, Life, and First Party Insurance Attorney. Bill was prepared for the appeal and won our LTD appeal against Lincoln.
Janet Martin
Janet Martin
March 21, 2024
Herman & Wells went above and beyond to help me with my legal problem. Alan Gustafson helped me and always returned my calls and gave sound advice along the way. I highly recommend Herman & Wells.
JS M
JS M
March 20, 2024
Attorney Bill Demas is someone I would HIGHLY recommend if you are experiencing a disability insurance issue. From the first conversation I had with Bill, he took the time to listen and truly understand my situation and the challenges I was facing. Bill is the most genuine and honest attorney I have ever worked with before. While so many other attorneys treated me as “just another case,” Bill went WAY above and beyond to educate me and most importantly advocate for me. He invested the time I needed and I’ll forever be grateful for his services and support. To anyone reading this, don’t look beyond Herman and Wells and especially Attorney Bill Demas! The entire firm has been professional, helpful and provided an experience that exceeded my expectations. Thank you to Herman & Wells and Attorney Bill Demas!

LEGAL REQUIREMENTS FOR COMMERCIAL POOLS IN FLORIDA

Commercial Safety laws and guidelines are at the center of all our firm’s drowning and injury cases involving hotels and public pools.

LEGAL REQUIREMENTS FOR COMMERCIAL POOLS IN FLORIDA

Commercial Safety laws and guidelines are at the center of all our firm’s drowning and injury cases involving hotels and public pools.

In addition to the residential requirements listed above, commercial pools must abide by an additional set of rules and regulations. These dictate things like pool markers, signs, lifeguards, textured surfaces, water slides, floating rope lines, dimensions of walls and corners.

Each pool case we’ve taken on is different, but one thing we consistently see is corners that get cut in this area. It’s not safe to assume that a popular public pool is actually following all the safety rules. If you have lost someone or have been injured at a public pool, call our personal injury law firm immediately. The video of the incident will be destroyed soon. Our lawyers will contact the pool immediately to preserve the evidence.

THE STATISTICS ON POOL-RELATED ACCIDENTS AND DROWNINGS

  • One in five people who die from drowning are children 14 and younger.
  • For every child that dies from drowning, another five go to the emergency department care for nonfatal submersion injuries.
  • These pool-related injuries often lead to brain damage, memory problems, learning disabilities and permanent vegetative state (loss of basic functioning).
  • Drowning ranks fifth among the leading causes of unintentional injury death in unintentional injury death in the United States.
  • One in five people who die from drowning are children 14 and younger.
  • For every child that dies from drowning, another five go to the emergency department care for nonfatal submersion injuries.
  • These pool-related injuries often lead to brain damage, memory problems, learning disabilities and permanent vegetative state (loss of basic functioning).
  • Drowning ranks fifth among the leading causes of unintentional injury death in unintentional injury death in the United States.

I Lost Someone In A Drowning Accident And I Don’t Want This To Happen To Anyone Else

The truth is that our law firm has worked with many clients who have suffered a tragedy like this. As a homeowner, it is important to understand and enforce the pool safety rules Florida’s government has in place. This is the best way to prevent future accidents and tragic drownings. Additionally, our personal injury law firm will do everything in our power to hold corporate entities responsible when they don’t take steps to keep their public pools safe. If you have a possible case or you’re simply seeking legal advice, please contact our law firm at (727) 821-3195.

SEEKING COMPENSATION AFTER A POOL DROWNING

If you have lost a loved one due to drowning, you could be compensated if the responsible party had not followed the appropriate pool safety rules. This will never replace the incredible loss you have suffered, but our firm would work tirelessly to ensure you receive the financial support you deserve in this situation. We provide legal consultation where we will review the specifics of your case and will tell you if you have a claim for wrongful death or injury claim due to a pool accident.

Who Winds Up Paying You For Your Wrongful Death Or Injury Claim From A Pool?

Every case our personal injury lawyers have ever taken was covered by a commercial insurance policy or homeowner’s liability and umbrella insurance. If the death or injury resulted from mechanical problems such as electrocution or poor construction of the pool, you may have a legitimate claim. Often in a situation like that, a good lawyer can get compensation from the construction company who negligently built, repaired or maintained the pool.

CONTACT OUR FLORIDA POOL ACCIDENT LAWYERS

While Herman & Wells cannot undo what has already happened, we are often able to ease the financial burden for the survivors so they can focus on healing.

You can fill out the contact form on this page or call our firm at (727) 821-3195. Our experienced team of lawyers are ready to help you.

CONTACT OUR FLORIDA POOL ACCIDENT LAWYERS

While Herman & Wells cannot undo what has already happened, we are often able to ease the financial burden for the survivors so they can focus on healing.

You can fill out the contact form on this page or call our firm at (727) 821-3195. Our experienced team of lawyers are ready to help you.

TELL US YOUR STORY. WE LISTEN!

By submitting my data I agree to be contacted