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What Should I Consider Before Filing a Swimming Pool Injury Legal Claim?

Before filing a swimming pool injury claim, make sure you have correctly identified the owner of the swimming pool and the person responsible for pool safety. Another thing that is helpful for filing an injury claim is documenting the place where you were injured by taking photos. It is advisable also to find out if the owner is in full compliance with the laws concerning swimming pools.

If you have suffered from injuries in a pool accident in Miami, you should consider three main factors before filing a claim:

  • Identify who owns the property (the owner will become the defendant).
  • Identify who was responsible for pool safety. Often, lifeguards have the duty to supervise pool guests.
  • Investigate if the owner followed the legal requirements for swimming pools according to your state's regulations.

For example, Florida state legislation requires for a pool to be fenced in or have some barrier around it so that children could not access it.

Private pool owners also owe a duty of care to guests to make sure their property is safe. Failure to meet this standard of care may allow you to bring a claim for negligent conduct if you or someone you know is injured as a result.

If you are injured at a public pool in Miami, it is likely that one of the parties facing potential liability will be a government entity. Personal injury lawsuits against the government typically must follow what are known as torts claim acts, which require a plaintiff first to file a notice of claim with the government within a set period after the injuries occurred.

By doing so, this allows the government the chance to settle or deny the claim. If the government denies the claim, you can then proceed with a personal injury case in civil court. Failure to follow these rules may prevent you from recovering compensation in a lawsuit against the government.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.