Miami Swimming pool accident attorney

A moment of carelessness or a delay in maintenance can turn a peaceful weekend afternoon into a nightmare. If you or a close family member have suffered serious injuries after slipping on the wet floor of a pool or experiencing a near-drowning incident, you have the right to compensation.

Did you know that the owners of these spaces are responsible for keeping them safe? Administrators of hotels, clubs, water parks, and even private owners can be found negligent if they fail to ensure the safety of the pool and its surroundings. This is especially true if those affected by the incident file a lawsuit with the help of Gallardo Law Firm and our Miami pool accident attorneys.

Who is Responsible for a Pool Accident?

The warm weather of this city encourages residents and visitors to spend quite some time in pools, which, unfortunately, also increases the likelihood of an accident. Between 2018 and 2020 alone, 413 people lost their lives in Florida due to drowning in a pool.

Drownings in pools accounted for 18.7% of all accidental deaths in the region, placing it among the three states with the highest incidence, surpassing California and Texas. Although the figure is alarming, what is even more concerning is that 156 of those victims were children under the age of 5, representing 22% of all deaths in that age group.

These statistics determine the severity of the laws that apply in these cases. According to Florida's civil liability law, the owner of the pool where your accident occurred may or may not be responsible, depending on how you were at the location:

1. Guest: The owner invited you to swim in the pool.
2. Licensee: The owner specifically allowed you to enter the area and swim as part of a party or social event.
3. Trespasser: You did not have permission to use the pool or to be on the property. To assess the owner's degree of liability, whether an individual or a recreational institution, a pool injury attorney can examine the evidence in your case. This thorough review will enable them to provide informed guidance on the best legal strategy to help you obtain the compensation you deserve.

The most common responsible parties in these situations can be:

• Owners
• Landlords
• Management companies
• Homeowners’ associations
• Government entities
• Gyms
• Hotels
• Camps
• Apartment complexes

Legal Protection for Children in Swimming Pool Accidents

Children are especially vulnerable to pool-related injuries, as they are attracted to the water without understanding the risks of swimming or playing without any supervision. To protect them, even when they enter the pool without the owner's express permission, Florida established the Residential Swimming Pool Safety Act (RSPSA).

The ordinance, enacted in 2000, stipulates that pool owners are responsible for creating and maintaining a safe environment that will prevent a child from getting close to the pool if no adults are present. To achieve this, they must have a cover, barriers of at least four feet around the water, entrances with automatic closing mechanisms, and alarms on doors and windows that provide access to the swimming area.

If, unfortunately, a young member of your family suffered an accident due to non-compliance with these critical safety regulations, one of Gallardo's drowning accident lawyers can help you fight for the retribution you deserve.

Common Injuries in Swimming Pool Accidents

After a pool accident, the most common injuries are:

• Drowning: Brain damage due to lack of oxygen, respiratory failure, disability, or death.
• Spinal cord injuries: Nerve damage, total or partial paralysis.
• Slips and falls: Contusions, traumatic brain injuries, fractures, cuts, and lacerations.
• Toxic substances: Poisoning, skin irritation, and respiratory problems due to high chlorine levels.
• Electric shocks: Burns, cardiac failure, internal bleeding, and tissue damage.
• Defective drainage: Risk of suffocation, muscle and organ tears, and drowning.

The severity of these injuries can also influence the legal process you may initiate against those responsible and the amount of compensation you may be entitled to. A Miami pool injury attorney, particularly one of the talented professionals at Gallardo Law Firm, can be a vital ally in determining the correct legal strategy.

Pool Negligence: When Can You Sue?

If your accident was related to the factors mentioned above, you may have grounds to file a claim. In this case, one of our pool accident attorneys can help you gather evidence that proves the owner's negligence. Below are some elements that may support your case, such as photographs showing:

• Lack of signage: Pools must have clear indications of depth, the presence or absence of lifeguards, usage restrictions, and warnings about slippery areas.
• Uncontrolled access: Residential pools must have barriers to prevent minors from entering without adult supervision.
• Inadequate maintenance: The lack of frequent floor cleaning promotes algae growth; railings, trampolines, and ladders are not replaced as needed, increasing the risk of accidents; and drains are not inspected regularly, which can lead to blockages.
• Toxic materials: Chlorine or acidity levels in the pool are not properly regulated, which can cause skin burns and severe respiratory problems.

How Much Can Your Compensation Be After a Swimming Pool Accident?

Since no two cases are entirely alike, there is no single solution or direct calculation in this regard, as the amount of compensation you receive depends on the specific factors of your case and the severity of the consequences you suffer. Compensation is also closely related to the ability of your pool injury attorney in Miami to:

• Gather and interpret evidence.
• Negotiate with the defendant and the insurers.
• Defend you in court if the litigation extends to that judicial level.

In general, compensation should cover material damages, such as the costs of your medical treatment—both immediately after the incident and during your recovery—the wages you lose if you are forced to take time off work, and the reduction in your quality of life.

It also includes emotional damages, such as the pain and suffering provoked by the wounds and their consequences, stress, fear of re-entering a pool, and the impact of a permanent disability or total paralysis. In the unfortunate event of a wrongful death due to negligence, the victim's family may also receive compensation covering funeral expenses, loss of consortium, and financial support.

Common Mistakes When Filing a Pool Injury Lawsuit

In the event of a pool accident, it is normal to feel nervous and overwhelmed and not know exactly what to do to protect your rights from all possible aspects: financial, emotional, and physical. Certain mistakes could negatively impact the success of your case if you decide to file a claim. Among the most common, we can mention:

• Not reporting the incident immediately.
• Not seeking medical attention, even if the injuries do not initially seem severe.
• Not taking photos of the accident and the surrounding area of the pool.
• Not obtaining contact information from potential witnesses.
• Not contacting a Miami swimming pool accident lawyer.
• Sharing information about the accident on social media.
• Accepting the insurance company's first offer.

Schedule a Free Consultation with Our Pool Injury Attorneys

A crucial issue you must avoid is missing the statute of limitations. Acting quickly is vital to ensure that you present your lawsuit within the time frame established by law. In personal injury cases, the deadline is two years from the date of the accident.

If it is a wrongful death case, the family members have 24 months from the date of death to initiate legal proceedings. If the victim of the incident is a minor, the deadline may increase or decrease to ensure their protection.

To help you meet all legal requirements, our pool personal injury attorneys can assist you. We are within reach—just a phone call away—to schedule an initial appointment, where we will evaluate your case free of charge. Thanks to our contingency fee approach, you will not have to pay for our services until we win the compensation you rightfully deserve.