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Florida Personal Injury Guide
Melbourne Swimming Pool Accident Attorneys
Swimming pools provide a welcome relief from the summer heat for residents and visitors in the Sunshine State. Florida’s warm winters mean those same swimming pools can be enjoyed year-round. It also means that the likelihood of a swimming pool accident is dramatically higher in Florida. At Layman Law Firm, P.L. we have seen first-hand the physical, emotional, and financial toll a swimming pool accident can take on an entire family. When the victim is a child, that toll is magnified immeasurably.
If you or your child were injured in a Melbourne swimming pool accident, you are likely trying to navigate both the healthcare and legal system while also dealing with the emotional impact of the accident. You should not need to do all of that alone. The experienced Melbourne swimming pool accident lawyers at Layman Law Firm, P.L. are committed to helping you and your family. Our vast resources and experience allow us to tirelessly work on your behalf to ensure that the at-fault party (or parties) is held accountable and that you are fully and fairly compensated for the physical, emotional, and financial injuries suffered because of the swimming pool accident.
How Common Are Swimming Pool Accidents in Florida?
The Centers for Disease Control and Prevention (CDC) tells us that throughout the United States, more children ages 1 to 4 die each year from drowning than any other cause of death except birth defects and that drowning is the second leading cause of unintentional injury death (after motor vehicle crashes) for children aged 1 to 14.
According to Cape Analytics, there were 1.4 million backyard swimming pools in the state of Florida in October of 2020, meaning about 15 percent of all homes have a swimming pool. Add to those, the public swimming pools and private waterparks and it becomes clear why Florida has the unwelcome distinction of consistently ranking at, or near, the top of the list for accidental drownings across the nation. Consider the following data published by the Florida Department of Health:
- From 2017 to 2019, Florida had the highest unintentional drowning death rate in the United States among children ages 1 to 4 years (6.29 per 100,000 population).
- Florida also had the highest unintentional drowning death rate of 3.28 per 100,000 population among children 0 to 9 years of age compared to other states.
- Annually, there are enough children under the age of 5 lost to drowning (67 in 2017, 74 in 2018, and 50 in 2019) to fill three or four preschool classrooms.
- Florida was ranked 5th in the U.S. for unintentional drowning death rate (1.65 per 100,000 population) among children ages 0 to 17 years of age.
- Florida was ranked 4th in the U.S. for unintentional drowning death rate (1.84 per 100,000 population) for adults aged 18 and older.
What Causes Melbourne Swimming Pool Accidents?
We commonly use terms such as “accidental drowning” and “swimming pool accident” when, in fact, another party caused or contributed to the “accident.” Common examples of causes of swimming pool accidents in which another party is potentially at fault include:
- Missing or inadequate fence/barrier. Swimming pool owners have a duty to install a fence or barrier around a pool to keep young children from wandering into the pool.
- Inadequate supervision. Both private property owners and public pools have a duty to supervise guests. At a public pool, this may also include the failure to properly train lifeguards.
- Improperly installed or maintained surface surrounding the pool. While the area around a pool will understandably get wet, a pool owner should maintain that surface and prevent obstructions that could contribute to slip and fall injuries.
- Defective pool equipment. Defective parts or equipment (such as a defective diving board, ladder, or water circulation system) can be responsible for serious injuries in a swimming pool.
- Missing/defective anti-entrapment mechanism. Federal law requires all pools to have anti-entrapment devices to prevent clothing, hair, or limbs from getting caught in a drain.
- Electrocution injuries from improperly maintained or faulty wiring. When electricity is close to water, the electrical system must be properly installed and carefully maintained to prevent a potentially deadly electrocution injury.
What Are Some Common Swimming Pool Accident Injuries?
A swimming pool accident can cause a wide range of injuries from minor scrapes to death. Some of the most common swimming pool accident injuries include:
- Contusions and lacerations
- Broken bones
- Head injuries from a traumatic blow
- Brain injury from a non-fatal drowning
- Back injuries, including spinal cord injuries
- Electrocution injuries
- Fatal drowning
What Should I Do After a Melbourne Swimming Pool Accident?
The steps taken after a swimming pool accident will directly impact the victim’s physical, emotional, and financial recovery. If you or your child were injured in a Melbourne swimming pool accident, do the following:
- Get a thorough medical examination immediately. Not only will a complete examination uncover hidden injuries that may not present recognizable symptoms (including brain injuries), but that examination will also help provide evidence of the link between your injuries and the swimming pool accident.
- Document the accident. Start collecting hospital and medical bills. Take pictures of the swimming pool and any defects or circumstances that you believe contributed to the accident.
- Do not speak to an insurance adjuster. The owner or occupier of the property where the accident occurred may be legally liable for your injuries. That means you may be contacted by the homeowner or business owner’s liability insurance company shortly after the accident. Remember that the adjuster’s goal is to make a potentially costly claim go away. Anything you say could be used to achieve that goal, which is why you should refuse to talk to an adjuster. Instead, contact an experienced Melbourne swimming pool accident attorney right away.
Am I Entitled to Compensation for My Melbourne Swimming Pool Accident Injuries?
If the negligent or wrongful conduct of another party (or parties) contributed to the swimming pool accident that caused your injuries, the law allows you to pursue compensation for your physical and psychological injuries, including compensation for:
- Medical expenses
- Rehabilitation and other care costs
- Lost income
- Loss of future earning capacity
- Physical and emotional pain and suffering
- Diminished quality of life
No amount of money can ever compensate a parent for the loss of a child. If, however, you lost a child (or family member) in a swimming pool accident, you may be entitled to hold the at-fault party (parties) accountable and pursue compensation as the claimant in a Florida wrongful death lawsuit.
Contact the Experienced Melbourne Swimming Pool Accident Lawyers at Layman Law Firm, P.L.
If you or your child were injured in a swimming pool accident, or a family member was killed in one, contact the experienced Melbourne swimming pool accident lawyers at Layman Law Firm, P.L. to discuss your legal options. We are committed to putting our resources and skills to work helping victims and surviving family members pursue justice and compensation. Contact the team today for your free initial consultation by calling 321-773-2111 or by filling out our convenient Intake Evaluation Form online.
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Client Reviews
“Mr. Layman did a great job advocating for my family. He was readily available for any questions and kept us updated during the whole process. He worked to get our settlement to us as quickly as possible. I have and will continue to refer the Layman Law Firm to all of my friends and family.”
– Brittany Milam
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