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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.
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:
- Isolation from access to a home by an enclosure that meets the pool barrier requirements stated below;
- An approved safety pool cover;
- 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
- 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.
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.
- Drowning is the number one cause of unintentional death for children between the ages of 1 and 4 according to the CDC.
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) 440-3764.
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 law firm for a free case review
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) 440-3764. Our experienced team of lawyers are ready to help you.