Central Florida Swimming Pool Accident Lawyers
Swimming pool accidents are all too common in Florida. Sadly, these tragedies instantly change the lives of the victims and their families. With the state’s warm climate, the influx of tourists, and the countless residential, commercial, and public pools, there are ample opportunities for accidents. When they happen, it is essential to know who may be held liable and how to proceed with a claim.
The medical costs for emergency room treatment and rehabilitation after a swimming pool accident can be astronomical. The agony of losing a child or loved one can never be erased in wrongful death. The attorneys at Mapp & Parker, P.A. can help you seek compensation to remain financially stable after a devastating tragedy. Since 1996, we have been helping families like yours who are suffering due to the negligent acts of others.
Who is Responsible for Damages?
In Florida, the premises liability laws require property owners and operators to ensure the safety of guests. When an owner or operator fails to provide a reasonably safe environment, they can find themselves involved in a premises liability claim. Many parties are potentially liable in a swimming pool accident, including an owner or legal occupier, a property manager, a government entity, a swim school or club, a lifeguard or their employer, and even a manufacturer of the pool or pool equipment. At Mapp & Parker, P.A., we thoroughly investigate every accident to identify and hold the party or parties accountable for an accident.
Frequent Causes of Swimming Pool Accidents:
- Poor Supervision
- Poor lighting
- Absent or inadequate signage
- Faulty drainage system
- Reckless behavior
- Broken gates
- Faulty doors
- Lifeguard negligence
- Slips and falls
- Diving accidents
- Entrapment in drains
Drowning and near-drowning accidents are the most horrific tragedies. A family can never emotionally recover from the loss of a child or family member. Near-drowning accidents can result in a lack of oxygen to the brain, potentially leaving a child or adult in a coma or vegetative state that requires total lifelong care. When a victim suffers a traumatic brain injury, the outcome may affect a victim’s cognitive abilities, language center, motor skills, or neurological function. Depending on the severity of the brain damage, a victim may have temporary or long-term complications or death. Other injuries associated with swimming pool accidents are chemical burns, spinal cord injuries, electrocutions, lacerations, contusions, internal injuries, fractures, and more.
The Elements of a Negligence Claim:
- The plaintiff must provide evidence the defendant owed a duty of care
- The plaintiff must prove the defendant breached that duty
- The breach of duty must be the proximate cause of the injury or death
- There must be damages as a result
What is the Attractive Nuisance Doctrine?
Children are curious by nature. Any item on a property, including a swimming pool, which can attract a child and pose a risk to their safety is an attractive nuisance. While Florida premises liability law generally holds property owners immune from liability for trespassers, children are the exception. The Attractive Nuisance Doctrine recognizes that a child trespasser lacks an understanding of risks and dangers. Subsequently, a residential or public property owner with a swimming pool can be liable for injuries to child trespassers. The state requires certain protections to guard against swimming pool accidents by trespassing minors.
Frequent locations of swimming pool accidents are:
- Private Residences
- Hotels & Motels
- Community Centers
- Water Parks
- Theme Parks
- Public Venues
Accidents are Preventable
Having a pool is associated with increased liability exposure. That being said, most homeowner’s and commercial liability insurance policies will provide coverage for accidents. However, most policies require that homeowners and operators follow state building and safety codes, such as functional gates and enclosures. If you have sustained injuries or a loved one has suffered wrongful death in a pool accident, contact an experienced personal injury attorney to negotiate with insurance carriers and protect your rights.
Compensation for Pool Accidents
At Mapp & Parker, P.A., we thoroughly investigate each accident to identify all possible sources of compensation. We scrutinize the responsible party’s insurance policies regarding loss coverage and aggressively negotiate with the insurance carriers. Insurance companies notoriously deny, delay, or undervalue claims. At Mapp & Parker, P.A., we are always ready to bring a case to trial to represent our client’s best interests. We are passionate about victims and surviving family members getting ample compensation to help in their recovery.
Contact Us to Explore Your Legal Options
At Mapp & Parker, P.A., we pride ourselves on building long-term professional relationships with our clients. Many of our clients are referrals from others who appreciate our success, individualized attention to clients, and availability. We know that questions and concerns can arise anytime, and we strive to be there when you need us the most. Contact the experienced swimming pool accident attorneys at Mapp & Parker, P.A. at 407-894-1285 to schedule a Free Consultation at our Orlando, Florida location.