Swimming pool accidents can be devastating.
Learn more about how to respond, collect evidence,
and build a strong premises liability case.
Swimming pool accidents can happen in the blink of an eye, turning a fun day in the sun into a tragic event. When someone is seriously injured in a swimming pool accident, the consequences can be severe, long-lasting, and financially devastating. So, it’s vital to understand how to respond in the aftermath of a swimming pool accident to protect your right to compensation.
This guide will provide valuable information on the steps to take after an accident and the potential compensation available to help alleviate the financial burden, as well as tips for staying safe.
How common is accidental drowning?
According to the Centers for Disease Control and Prevention (CDC), more than 4,500 people drowned annually in the United States from 2020 to 2022. That’s more than 12 deaths every single day. These drownings have increased by more than 500 per year since 2019.
Below are additional accidental drowning facts from the World Health Organization:
- Globally, the highest drowning rate occurs in children ages 1 to 4 and is often associated with a lack of supervision.
- The next highest drowning rate occurs with children ages 5 to 9.
- Drowning is the second leading cause of unintentional death in the United States among children.
- Male children have twice the drowning rate of female children.
- The majority of infant deaths occur in bathtubs or large buckets filled with water.
- Two-thirds of all drowning deaths occur between May and August, and mostly on weekends.
- More than half of the victims of recreational boating accidents were not wearing life vests at the time of the incident.
What is premises liability?
Swimming pool accidents fall under premises liability law. Premises liability refers to an injury that takes place due to unsafe conditions on another’s property.
Under premises liability law, property owners are required to keep their property safe for visitors, which means maintaining the property and taking care of any hazards that may present themselves. A failure to do so can result in liability for any injuries that occur on the property.
Besides swimming pool accidents, other premises liability cases could include slips and falls, negligent security, or even dog bites.
Who’s legally responsible for a swimming pool accident
in Florida?
Under the laws of premises liability, the property owner is likely to be held responsible if the accident was due to negligence on their part. Owners of a pool have a duty to maintain that pool and create a safe environment for swimmers. Failing to provide adequate enclosures, warning signs, or repair any damages to the pool means that owners can be held liable.
In addition to property owners, manufacturers may also be held liable for a swimming pool accident if a piece of equipment like a slide or diving board malfunctioned or was poorly designed, thus causing the accident.
What types of compensation can I get through a
Florida personal injury claim?
After proving that owner or manufacturer negligence was the cause of the accident, compensation may be awarded for the damages suffered because of the accident. It’s possible for victims and their families to recover damages for:
- Current or future medical expenses
- Lost wages or time at work (past and future)
- Pain and suffering
- Emotional trauma
If a swimming pool accident ultimately results in wrongful death, damages can also be collected for funeral costs, lost companionship, and loss of future earning capacity.
What to do after a swimming pool accident
to protect your rights
The moments after a swimming pool accident can be critical, not only for the victim but for the sake of a premises liability case as well. Regardless of whether the accident occurs in a residential pool, community pool, or even at a hotel, it’s important to know how to respond.
If you find yourself faced with a swimming pool accident, follow these steps to ensure your right to future compensation:
- Ensure the safety of others. Make sure an ambulance is called immediately if need be and that everyone is out of and away from the pool. Call the police and wait for them to arrive.
- Take pictures and gather evidence. It’s important that you take as many pictures of the accident as possible and from numerous angles. Take pictures of the pool’s enclosure, gates, warning signs, and any other contributors to the accident. In addition to pictures, it’s important to collect witnesses’ contact information and any defective products that may have caused the accident. This avoids accidental or purposeful destruction of those products by other parties.
- Document the accident. It may seem old-school, but writing down your memories of the accident can help preserve important details that may fade from memory later on.
- Seek regular medical attention. Failing to seek medical attention immediately or regularly in the weeks following an accident can reduce your claim. It can say to others that you failed to take proper measures toward getting well.
- Contact an attorney. A swimming pool accident attorney who is well-versed in premises liability law can help you gather/preserve evidence and help you receive the compensation you deserve.
Tips for water accident prevention
Hillsborough County Sheriff Chad Chronister released a public service announcement in 2019 to promote swimming pool safety. In the PSA, he wrote:
“A swimming pool is 14 times more likely than a car to be included in the death of a child less than 4 years old.”
With 2 sons of his own, Sheriff Chronister is eager to promote child safety, especially around the pool. Here are his safety tips:
- Never assume an infant or toddler can’t get in the pool. Not all kids love water, but living in Florida, it’s almost guaranteed they’ll be swimming before they start walking. Pools look like an awful lot of fun when everyone else is in them, so it’s important to keep an eye on children, especially when they’re 4 years old or younger.
- Pick up tripping hazards around the pool. Always check for slip hazards, such as toys, floatation devices and cleaning supplies. Doing this daily, especially during the summer, will reduce the risk of slipping and falling into the pool significantly.
- Install a gate around the pool with alarms. Children are smarter than adults may think. Even gates that seem difficult to open can often still be opened by a child. This is why installing an alarm to notify parents when the gate is opened will go a long way towards preventing their child from drowning.
- Teach children how to swim. It’s never too early to teach children how to swim. This ability doesn’t give children or adults immunity from drowning, but it’s still an important life skill that could save their lives.
Remember that children are not the only victims of water accidents. Many adults have also lost their lives in these devastating accidents. To reduce the risks of water-related accidents for children and adults, also follow these practices below:
- Never drink alcohol while boating and swimming.
- Always supervise children in and near water.
- Require young children to wear a life vest at all times in and near water.
- Do not allow children to swim near drains or suction outlets.
- Dress your child in brightly colored swimsuits so they can easily be seen beneath the water. According to one study, neon pink and neon orange were the easiest colors to spot.
Additionally, Florida’s Residential Swimming Pool Safety Act outlines safety measures that all Florida residents must follow if they have a pool on their property, including:
- All pools must have fencing around them (a minimum of 4-feet tall).
- Pools and hot tubs must have safety covers.
- There must be alarms on doors and windows in the home that lead directly to the pool.
When it comes to swimming pool safety, especially for the lives of children, none of these measures should be skirted. It’s the law, and it’s there for a reason.
Injured in a swimming pool accident in Tampa?
We can help!
If you or a loved one have been injured due to a negligent swimming pool accident, contact the experienced Tampa premises liability attorneys at Lorenzo & Lorenzo. We can help you gather evidence and negotiate with the at-fault party’s insurer to get you the compensation you deserve.
