A swimming pool injury can leave the victim and his or her family in a very difficult situation, maybe even dealing with strong resistance when pursuing personal injury compensation. Following a serious or deadly swimming pool accident, The Law Offices of Sean M. Cleary is here to make sure that your family receives the compensation you deserve.
Case EvaluationMore than 1K children die each year in pool accidents in Florida alone, making drowning the leading cause of death among young children in our state. Drowning causes more deaths in children ages 1-14 than anything else, except motor vehicle crashes.
For children ages 1-4 (particularly African American and Hispanic children), fatal drowning is the second-leading cause of unintentional injury-related death after birth defects.
Drowning is also a significant cause of fatality for the elderly. Each year, there are approximately ten deaths/day in the US from fatal unintentional drownings, making that an average of over 3K fatalities per year.
Swimming pool accidents, injuries, and death are, unfortunately, common occurrences and are usually linked to the negligence of another person, company, or manufacturer. These accidents occur quickly and quietly, and what starts off as a day of fun in the sun turns rapidly into a devastating event. But many of these tragedies can be avoided if swimming pool owners keep their pools reasonably safe.
Common causes of swimming pool injuries and fatalities include:
Malfunctioning suction drains can sometimes trap swimmers underwater, and missing pool fencing can lead to a child falling into the pool and dying as a result. Lack of or improper depth markings makes it so that a person either unknowingly gets in water over his or her head or dives into water that is too shallow, suffering brain or spinal cord injury.
Unfortunately, many of those injured in accidents occurring at swimming pools are children who get hospitalized with serious injuries, such as:
If you’re reading this information because you’re searching for an injury lawyer, we can help. At our law firm, The Law Offices of Sean M. Cleary, we are committed to holding negligent swimming pool owners and operators accountable for serious injuries and drownings. Sean M. Cleary has been assisting injury victims for more than 20 years, and his experience in Miami swimming pool injury claims is extensive. Rest assured knowing that your case will get the personal attention it deserves.
Although boating, swimming, and other water sports are a great way to stay cool during the hot days of summer, they have risks that you should understand before heading out on the water. It is possible to suffer an injury or even drown due to another party’s negligence or reckless actions.
Injuries and wrongful deaths that result from boating accidents and related accidents are tragic and lead to significant financial damages. When tragedy affects your life, you can seek compensation for your damages through a personal injury or wrongful death claim by proving that the driver or the property owner failed to fulfill his or her duty to protect others by keeping an accident from happening.
Examples of boating and drowning accidents in which people have been injured and have subsequently filed personal injury claims include:
When hiring a personal injury attorney in Florida, make sure he or she has vast experience in a wide range of personal injury law areas, to make sure that all the possibilities are fully explored in pursuing your claim.
The question of liability for a swimming pool accident depends on the nature of the accident itself. Three legal theories could be involved in a claim in Florida:
Accidents that are caused by dangerous conditions or defects on private or public property are called premises liability accidents. In the state of Florida, premises liability cases determining fault are based upon several factors. The legal theory of premises liability holds property owners responsible for ensuring the safety of anyone entering the premises, even trespassers.
If it can be proven that the property owner failed to act reasonably given the duty of care, then he or she will be found to have breached it, and a claim for negligence can be filed. Premises liability law applies to:
If a child is injured near a pool, but he wasn't invited on that property, the owner of the pool may still be found guilty based on the "attractive nuisance" theory. This legal theory sustains that if you keep on your property something dangerous but attractive to kids (for example, toys), you have the duty to make sure nobody will get hurt. Pools fall under this rule as they attract children's attention.
Under the negligence basis for a drowning claim, a person is liable if he or she was negligent in causing the accident. Negligence is the failure to act as a normal person would act under the same circumstances.
If a swimming pool accident or drowning is due to a faulty swimming pool or equipment, then the manufacturer of the pool or of a component part, wholesaler, a retail store, and assemblers or installers may all be included in the lawsuit.
In order to fully protect your rights, you should not give statements to any insurance company or sign any document from an insurer without first consulting with your lawyer. Insurance companies will try to convince you to settle for a low offer or get you to say something they can use against you to deny your claim.
Sean M. Cleary pursues each case with the utmost attention to detail, providing adequate personal injury legal representation to maximize recovery.
Compensatory damages recovered by successful plaintiffs suing under injury claims for drowning or other accidents have included lost wages, pain and suffering, and medical expenses.
Unfortunately, the prevalence of pools makes Florida the number one state in the nation regarding swimming pool-related injuries and deaths. Victims and their family members residing in Florida need legal representation in cases involving negligence that occur at a hotel, cruise ship, or home where the owner has failed to ensure the reasonable safety of their pool, pool deck, or hot tub.
We work with experts who deal with the proper maintenance and operation practices for pools and hot tubs, who help us determine who is liable for your accident. Please contact our Miami personal injury lawyer to schedule a free case evaluation to determine your legal options.