Swimming accidents can lead to severe injury. For example, the Center for Disease Control (CDC) has reported that there are 3,960 fatal unintentional drownings each year, including drowning related to boating, which is an average of 11 drowning deaths each day. Further, there were 8,080 nonfatal drownings, which is an average of 22 nonfatal drownings each day. Children are especially vulnerable to drowning accidents. Moreover, these accidents are usually serious. For example, more than 40 percent of drownings treated in an emergency room setting require hospitalization, while 8 percent of all unintentional injuries require that same level of care. The CDC has also reported that injuries related to drowning can cause brain damage and severe long-term disability.
While swimming accidents may occur in various settings, they often occur in or near a pool. There are an estimated 10 million pools in the United States. Pools may be public or private. While swimming injuries can be mild, many can be life-altering. For every 5 people who need emergency medical treatment for nonfatal drowning injuries, one person dies. Injuries related to drowning accidents include the following:
Accidents related to swimming that do not include drowning may include the following:
Damages for swimming pool accidents may include compensation for the victim’s:
Accidents that occur in swimming pools, whether personal or commercial, may lead to a legal claim based on pool premise liability. For example, if someone is injured at a pool party, they may be able to hold the property owner liable for damages from the personal injury or wrongful death. Premise liability in Florida means that a property owner is responsible for maintaining the safety of the premises. For example, a water park or gym pool must establish and maintain a safe premise for those who visit.
If someone does not have any warning about certain dangers in a swimming pool, and in some cases, if the pool is not properly supervised, the property owner may be considered negligent. These cases will fall under premises liability. For example, a lack of signage in sections of a pool may lead to a possible drowning accident. Safety equipment must also be near a pool and if not, a swimmer may be in serious danger. Further, if a pool owner fails to maintain the pool, such as proper gates and fencing, a child may be at significant risk of drowning.
However, the injured person in swimming accidents must prove that the individual or business owner or an employee at the pool is liable. Even if someone has a swimming accident on a property, it does not automatically mean the property owner is liable. Florida premises liability law indicates that a property owner must maintain the property and keep it in reasonable condition that is free of safety hazards.
In order for an individual or business to be held liable for someone’s injury in a swimming pool, the plaintiff must prove negligence. Negligence relies on the principle that a person or entity had a duty of care and failed that duty. Therefore, an individual or business may be liable for a swimming accident on its property if it acted in a negligent, careless or reckless manner and this negligence was the proximate cause of injuries associated with the accident. Liability for the accident will depend on whether the individual, business or employee:
However, premises liability can be complicated based on the status of someone who is injured on the property. Typically, visitors of a property fall into one of the following categories and the duty of property owners may vary.
Drowning is one of the leading causes of death for children. Courts consider whether the child was attracted onto the property where there is a nuisance, such as a pool. Because of a child’s age, they are unable to recognize the danger of the nuisance. This is known as the Attractive Nuisance Doctrine. Generally, if a property owner has a fence surrounding their pool, then the property owner is usually protected from liability.
For example, a contractor began excavations of land near a school ground and housing development. Large piles of loose sand were at the excavation site and concealed a 10-foot-deep pond. A child went to play on the sand pile but then fell and slipped into the drown, where they drowned. The court found that large piles of sand, gravel, or similar materials were an attraction for children.
Suing a local or state government is a different process than suing a business or private individual. The statute of limitations is significantly shorter and it’s extremely important to discuss your case with an attorney as soon as possible.
Regardless of whether a swimming accident occurred on public or private property, the individual must prove negligence occurred. Generally, in Florida, local laws may determine whether a public entity, such as a municipality, may be held liable for an accident that occurred on public property. Additionally, there may be caps on the amount of compensation that may be awarded.
The law that limits the timeframe in which you may file a lawsuit against another party is called statute of limitations. Florida statutes dictate that most personal injury lawsuits, including swimming accidents, must be filed within the four-year deadline of when the incident occurred. If you do not file a lawsuit against the individual, or business that may be legally at fault for your injuries, you may forgo the right to sue.
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