What Are My Rights If I’m Injured In Someone’s Pool?
Michael Babboni
Law
It is no surprise to anyone that swimming pools dot the landscape of Florida. It is estimated that there are over 1.1 million swimming pools in the Sunshine State. Even with necessary safety features that owners put into place, there are a high number of personal injury and wrongful death claims due to swimming pool accidents in Florida.Types Of Swimming Pool Injuries
For most of us when we think of a swimming pool accident we think of someone slipping and falling on the wet pool area. But accidents around the pool can cause some horrifying results. Some of these included:
• Near Drowning Accidents:
When you are submerged under water, your brain becomes starved for oxygen. This can be due to the person's lack of skills in the water or malfunctioning equipment. As a result there can be permanent brain damage.
• Diving Related Accidents:
Diving into Shallow water can cause injury to the brain and spinal cord. The person can end up with permanent brain damage, and neurological functions will also suffer. In some cases the person may end up with partial or complete paralysis.
• Slips And Falls:
We have all heard “no running near the pool”, but that is not the most common reason why people slip and fall around pools. The more commonly occur at pools due to hoses, tools or other items left on walkways. Even greasy suntan oil spilled on the ground can cause a serious slip and fall.
• Electrocution:
Any faulty bonding or grounding of electrical near a pool can cause an electrocution. Even when pool lights are not on they can send electricity through the light.
Legal Options When You Have Been Injured In A Pool Accident
Swimming pool related injuries and disabilities are life changing. Medical costs can go up to $180,000 a year if long term care is required. If the accident resulted in brain damage, costs can reach over $4.5 million over the injured person’s lifetime. Even the average cost of going to physical therapy can range from $20 to $350 per session! So what options do you have?
Swimming pool accidents can happen at any type of pool. Hotel or resorts, water parks, cruise ship pools or even a private home pool. Swimming pool accidents fall under premises liability, since the pool is on the owner's property. Therefore they are liable for any accidents, injuries and even death that occurs on their property due to unsafe conditions or negligent behavior.
Getting Compensation After An Accident
Even though swimming pool accidents fall under premise law, the case is still a traditional negligence suit where you and your Florida personal injury lawyer will need to prove the following four elements:
● Duty of care: you the plaintiff must show the defendant owed a duty of care.
● Breach of duty: the defendants breached that duty.
● Injury: The breach of duty caused your injury.
● Damages: you must be able to prove damages, such as providing medical bills.
Damages Available in Swimming Pool Injury Lawsuits
Once you and your personal injury lawyer have proven the four elements, you can request both economic and non-economic damages. Economic damages are easily determined and consist of:
● Medical and hospital bills
● Rehabilitation expenses
● Nursing home care
● Lost income (present and future)
● Increased living expenses due to need for continued care
Non-economic damages are a bit more difficult to determine and include:
● Pain and suffering
● Loss of enjoyment of activities
● Loss of consortium
● Worsening of prior injuries
If you have been injured in a swimming pool accident, the St. Pete Lawyer Michael Babboni is here to help you. For over 30 years and with more than 10,000 successful cases, he has been helping accident victims get fair and full compensation for their injuries. He knows how to go up against the insurance companies and will fight to get you the compensation you need to make up for your injuries and pain and suffering. Call us today for a free consultation at 1-727-381-9200.