Many private homes in Palm Beach Gardens have their own pools, as does nearly every golf club, condominium complex, and hotel. While swimming can be a fun way to get outside and to cool down, there can be many dangers as well.
Unfortunately, the prevalence of pools means that swimming pool accidents, including drownings and near-drownings, can happen. Negligence is often a factor in the conditions that cause these accidents. When someone suffers an injury due to another party’s negligence, the injured person may be entitled to seek money damages. If you or your family member suffered injuries in a swimming pool accident, our experienced attorneys at Kogan & DiSalvo can explain your legal options. A Palm Beach Gardens swimming pool accident lawyer could analyze the circumstances surrounding your accident and determine whether you have a valid claim for a personal injury lawsuit.
Those injured in swimming pool accidents often want to know how much their claim may be worth. Typically, the severity of the injuries; whether the pool was in a private home, a business, or open to the public; the extent of the negligence that contributed to the accident all have an impact on the amount of compensation a plaintiff could receive.
If a plaintiff can prove that someone’s negligence led to their injuries, this person may receive economic damages. These damages are reimbursement for all costs the plaintiff and their family incurred or will incur because of the pool accident injury. Medical and rehabilitation expenses, future medical costs, lost earnings, diminished future earnings, and other documentable expenses may all be a part of economic damages award.
In addition to economic damages an injured party may be able to seek compensation for their emotional losses as well. These damages represent reimbursement for the intangible losses the plaintiff and their family suffered because of the swimming pool accident. These may include pain and suffering, loss of enjoyment of life, and loss of consortium. A local attorney could assess a swimming pool accident case and determine how much compensation a claimant may be able to receive.
When an accident happens in a pool that is open to the public or part of a business, the plaintiff is typically called an invitee. This is a legal designation that allows visitors certain protections and determines the level of care the owner or operator owes to these individuals. In this situation, a plaintiff must show that there was a hazard at the pool and they suffered losses because of this dangerous condition the owner failed to remedy.
If the pool is in a private home and the plaintiff is a social guest, this person is considered a licensee. The homeowner’s duty of care requires them to warn guests of any hazards of which they are aware. In addition, Florida Statute Chapter 515 requires residential swimming pools to be located away from the home and surrounded by a barrier, or have an alarm system, a safety cover, or self-latching gates. Failure to comply with this law allows a lawyer to base a claim on negligence per se, which means a plaintiff need only prove their injury and need not establish that the pool owner breached any duty of care.
In general, pool owners owe no duty to trespassers, but there is an exception for children. A swimming pool is considered an attractive nuisance that may lure children who are too young to comprehend the risk of swimming unsupervised. As a result, swimming pool owners must prevent trespassing children from gaining access to their pools and are liable if they fail to do so. A lawyer in Palm Beach Gardens could help someone establish negligence based on the facts of their swimming pool accident case.
The laws surrounding swimming pool liability are complex and the ultimate outcome depends on both the underlying facts and the emotional resonance of the plaintiff’s case. Working with a skilled personal injury attorney from Kogan & DiSalvo means that you could get professional help building your claim and seeking fair compensation. Contact a Palm Beach Gardens swimming pool accident lawyer today for a free case review.