Swimming pool accidents can result in horrific consequences like brain injuries and even a drowning death. The sad reality is children are typically the victims of these types of accidents. If you or someone you know has been injured, or you have lost a loved one to a Tampa swimming pool accident, it is important to understand your right to pursue compensation from those responsible for your loss by contacting our Tampa personal injury attorneys.
A Florida personal injury swimming pool accident lawyer from Distasio Law Firm would love to discuss your case and explain the different ways our legal team can be of service to you in your pursuit of justice.
Depending on the case, it may be a negligent lifeguard, property owner, or daycare facility that can be held responsible for your accident. By investigating your case and establishing the cause of the accident, our skilled Tampa premises liability attorney can work to accurately identify the negligent parties.
Swimming Pool Accidents and Premises Liability Claims
Swimming pool accidents can happen anywhere, such as private pools, motels, parks, apartments, hotels, and water parks. Unsupervised and poorly maintained pools can pose various dangers for swimmers. For example, swimmers can get trapped and not be able to swim to the surface when gates and drains malfunction. If the swimmer does survive, the temporary lack of oxygen can cause permanent brain damage and often death for children.
Pool drownings are common for young children and adults with health problems because owners have neglected to ensure safety on the premises. In situations like this, a wrongful death claim can be filed if there is sufficient evidence to prove that the owner or operator of the pool facility was at fault for not ensuring adequate safety of the pool. A Tampa swimming pool injury attorney could help prove a property owner’s liability for a specific case.
Determining Liability in Swimming Pool Accident Cases
Swimming pool accidents occur due to the negligence of a person or a company. Those responsible are known to be “at-fault” for the accident. To seek damages for your swimming pool claim, you will have to demonstrate that the at-fault party’s negligence was responsible for the incident and the damages you incurred from it.
In a Tampa swimming pool accident, the following parties may be held liable:
Homeowners
Florida passed the Residential Swimming Pool Safety Act in 2000, which, under Florida Statute §515.21-37, outlines the different requirements private pools must meet. Its purpose is to guide homeowners to create and maintain a safe swimming pool environment. Failure to meet any of the mentioned safety features can result in a misdemeanor, even if no accident occurs.
Commercial Pool Owners, Operators, and Maintenance Workers
The pools located in spas, hotels, and motels must adhere to specific requirements, such as the pool operators must ensure that the pool is not crowded, the pool must have an anti-entrapment device on the drain cover, and the pools must be sufficiently lit during nighttime hours.
Device Manufacturer
Manufactures of the pool and pool-related parts are legally obligated to produce safe and effective products. If an item, such as a window alarm, pool cover, or drain cover malfunctions, debilitating injuries can occur.
Once our lawyer investigates your entire case, we will be able to pinpoint all the liable parties responsible for the accident. Then we can proceed to seek damages from the at-fault insurance carriers so you can obtain the full extent of compensation you deserve.
We Can Help You Determine the Value of Your Swimming Pool Accident Claim
Swimming pool accident victims suffer a wide range of damages. From devastating physical injuries to mental trauma, the consequences of someone else’s carelessness can impact multiple facets of your life. Working with a personal injury lawyer can help you recover several types of debts and expenses that you have accrued from the accident.
Here are some of the damages that are eligible for compensation:
- Coverage for past and future medical expenses, like surgeries, x-rays, doctor’s appointments, physical therapy, and more.
- Income lost from taking time off from work for recovery
- Pain and suffering emanating from the accident in the form of anxiety, depression, PTSD, and more.
- If you have lost someone in a swimming pool accident, you can recover funeral expenses, loss of consortium, the decedent’s medical expenses before their death, and more.
A skilled swimming pool accident lawyer in Tampa will be able to calculate the full extent of damages you have suffered and obtain evidence to link each of those damages to the defendant’s negligence.
We Can Help You File a Lawsuit Before the Deadline
If you have been injured in a swimming pool accident on someone else’s property, you have two years from the date of the accident to seek legal action through a personal injury lawsuit, as per Florida Statute § 95.11(3)(a).
But, if the person who was injured has passed away from the swimming pool accident, then their surviving family member can obtain damages through filing a wrongful death lawsuit. The deadline to pursue a lawsuit is two years from the date of the decedent’s death, according to Florida Statute § 95.11(4)(d).
Being aware of the statutes of limitations, or the time limits, mentioned above is important because your case will likely be dismissed if you pursue a case after the deadline expires.
Typical Swimming Pool Accident Causes
- Lack of life preserver on premises
- Slip and fall hazards
- No sign of lifeguard on duty
- Low water levels
- Electrocution because of water interacting with a conduit
- Pool components that are broken or damaged
- Improper warning or caution signs
- Broken glass surrounding or in the pool
Swimming pool accidents are usually categorized as premises liability because they occur at a public pool, gym, hotel, or friend’s house. It is up to the property owner to ensure that their pool is safe and free of hazardous conditions.
The Distasio Law Firm Difference
How do you know if you have hired the best swimming pool accident attorney in Tampa? The simplest way to know is to find a lawyer with all the below characteristics.
Knowledge and Experience Handling Swimming Pool Accident Cases
- Your lawyer should not only know Florida swimming pool accident law. That lawyer should also have years of experience handling pool cases. Scott Distasio has been handling car swimming pool cases for over 27 years. His years of experience investigating, negotiating, settling, filing lawsuits, taking depositions, and going to trial will absolutely make a difference in your case.
Independent Verification of the Lawyer’s Ability
- All attorneys claim they know what they are doing. Their marketing materials may also be persuasive. But you will only know the truth about that lawyer if respected independent non-biased rating systems rate the lawyer. Scott Distasio has an “A.V. rating by Martindale-Hubbell law Directory. This is the highest rating an attorney can receive for both ability and ethics. Scott Distasio is also Board Certified by the Florida Bar in Trial law. A lawyer must have tried a minimum number of cases to a jury and passed a competency exam to achieve this accomplishment. Less than 1% of all Florida lawyers are Board Certified.
Willingness and Ability to Go to Trial
- Not all personal injury cases go to trial. The truth is most cases settle. But if your case needs to go to trial, it is important to hire a law firm with the experience, resources, and ability to try your case. Scott Distasio is a board-certified civil trial lawyer.
Schedule a Consultation With a Tampa Swimming Pool Accident Attorney
Whether the injury is minor or severe, Distasio Law Firm understands how difficult it is to deal with a swimming pool accident. We take pride in providing you with the legal assistance you need so you can focus on recovery or spending time with loved ones.
Call Distasio Law Firm, Tampa, FL personal injury attorneys to schedule a free consultation with our lawyer to discuss your case and see how we can help you pursue justice and the compensation you deserve.
