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Swimming pools are a common sight in Pinellas Park backyards, where families can splash around almost all year round. Pools are also dangerous if the homeowner, pool builder, or commercial or public pool staff are negligent, and a swimmer is injured or killed. The Centers for Disease Control reports that drowning is the number one cause of death for children ages one to four.
While a fatality may lead to a wrongful death lawsuit, serious injuries can also be caused by unlocked pool gates, unsafe conditions, or violations of Florida’s Residential Swimming Pool/Spa/Hot Tub Safety Act can also form the basis of a negligence claim. If you or your child has been hurt, or if you have lost a loved one in such a heartbreaking way, reach out to a Pinellas Park pool accident lawyer at Herman & Wells. Our experienced injury attorneys will listen with compassion, review your case for free, and help you understand the safest and most supportive path forward.
Under the Pool Safety Act, residential contractors must certify to Pinellas County that safety measures, such as locks and alarms, are installed on doors leading to the pool area. Failing to do so opens them up to fines and lawsuits if your child wanders outside to the pool through a door with no alarm and is injured.
Under premises liability law, homeowners and commercial pool owners have different duties to visitors. A swimming pool is considered an attractive nuisance because it attracts people with the promise of a refreshing swim. Homeowners owe little or no duty to adult trespassers, but they do owe one to child trespassers. They should take reasonable precautions to ensure the child’s safety through fencing and locks. Invited social guests are owed the homeowners’ vigilance to correct known dangers and warn visitors about them. Visitors to a commercial pool are owed the highest duty to correct known dangers and warn visitors, but also, inspections should be made regularly to identify and correct unknown dangers.
The attorneys at Herman & Wells are well-versed in local and state laws governing pools. Our team offers caring, experienced support, standing by you as you face the unknown. Let a Pinellas Park pool accident attorney fight for fair compensation to cover your medical bills, lost wages, emotional trauma, and loss of the enjoyment of life.
The Florida Environmental Health Division enacts regulations for commercial and public pools to keep swimmers safe. For example, a commercial or public pool must be approved for diving, and if it is not, a sign with letters of a specific size must be placed, so swimmers know not to dive into the pool. Mandatory safety equipment, signs announcing pool rules, signs indicating whether a lifeguard is on duty, and other construction and safety regulations must be followed.
Filing a lawsuit against a commercial pool owner is different than filing one against the city of Pinellas Park for negligent oversight of, for example, Skyview Pool. Your attorney must file a notice of claim with the city, wait for a response, and proceed with a lawsuit if a claim is denied. There are also caps on damages and attorneys’ fees in claims against the government in Florida. Our attorneys bring immense experience to these claims, and we are always accessible to you if you have questions. Call a Herman & Wells lawyer and tell us about your Pinellas Park pool accident.
Pinellas Park homeowners and public and commercial pool visitors enjoy an almost year-round season of swimming outdoors in the sunshine, but the downside is that it also means more injuries occur. If a lifeguard is not paying attention, or the deep end of a pool is not marked, or your child wanders into the pool area because there is no lock, catastrophic harm can occur.
If you or your child is injured in an accident caused by someone else’s negligence, contact a Pinellas Park pool accident lawyer at Herman & Wells. Our compassionate, experienced team is here to provide the help and guidance you need.
