Swimming Pool Injuries

We are surrounded by water in our beautiful state. Whether it’s the Atlantic Ocean, the Gulf of Mexico or one of our many freshwater lakes, there is always a place to go swimming. We also have a lot of swimming pools in Florida. So when you take your family to spend the afternoon in a friend’s backyard pool, or to visit your community swimming pool, you never think that anything bad could happen. But it’s an unfortunate fact that drowning is one of the leading causes of death of young children in the state of Florida.

It’s not just children who are in danger in Florida’s swimming pools–the counties with some of the highest drowning numbers for both children and adults in the state are right here in the Tampa Bay region: Hillsborough, Manatee, Pasco and Pinellas. If you or someone close to you has suffered serious injuries or has been killed in a swimming pool accident, call Future Firm Law. Our experience representing clients who have suffered injuries as the result of negligence, including victims of pool accidents, will ensure you and your loved ones receive the compensation you deserve.

Most Common Types of Pool Injuries

Adults and children who have been in swimming pool accidents are not just in danger of drowning. In many cases, injuries they sustain from their accidents are life-changing and lead to an excruciating long recovery involving specialist visits, surgeries, medications, the loss of the ability to work and pain and suffering. The severity of injuries associated with swimming pool accidents range from severe head injuries and broken bones to permanent disabilities. But even when they are non-fatal, swimming pool accidents can lead to disastrous consequences.

Some of the most reported swimming pool injuries include:

  • Infections
  • Slip and fall injuries
  • Broken bones
  • Drowning
  • Diving board injuries
  • Lacerations
  • Electrocution

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Reasons Why Swimming Pool Accidents Happen

The vast majority of swimming pool accidents happen at home or at a friend’s home. Unfortunately, many home pools don’t have adequate safety measures in place, like solid fencing, and this is why pool accidents involving serious injuries and drownings are so common at residential homes.

When property owners have a swimming pool, the expectation is that they will provide a safe swimming environment for both adults and children. So if a property owner with a swimming pool fails to provide that secure and safe swimming environment, they can be held legally accountable for any injuries or deaths that occur at their swimming pool. These are some of the most common causes of swimming pool accidents:

  • Lack of supervision.
  • Damaged or absent pool ladder.
  • Inadequate pool lighting.
  • Diving board accidents, including malfunctioning or defective diving boards.
  • Missing safety equipment.
  • Inadequate pool maintenance.
  • Inadequate warning signs or fencing.
  • Improperly trained or absent pool staff.

Liability for Swimming Pool Accidents

Florida law requires that a property owner take reasonable care to ensure that the premises, including the pool area, are reasonably safe for invited guests. It’s also a property owner’s responsibility to protect guests from unreasonably dangerous conditions. That owner’s duty to protect guests from unreasonably dangerous conditions involves two very specific responsibilities:

  • To use reasonable care while maintaining the property, and ensuring it is in safe condition for people who have been invited onto the property
  • To warn guests about dangers that the owner knows about and which the guest might not be able to discover on his or her own.

This Florida statute is referred to as Premises Liability, and while the responsibility expected from the owner in a case like this seems very straightforward, these types of cases can sometimes contain a lot of unexpected wrinkles.

If you or your loved one have been injured in a swimming pool accident, you may decide to file a lawsuit against a homeowner or the owner of a public swimming pool. There are different types of damages you can pursue, and they depend on your specific circumstances, since each type may not be relevant to your case. The monetary value of the compensation will also vary, though the damages typically address the following categories: Scarring and disfigurement, lost wages, medical bills and expenses, future medical care, loss of earning capacity and pain and suffering. If you are the parent, child, or spouse of a person who has perished in a swimming pool accident, you can seek damages for: Medical expenses for the deceased before death, funeral and burial expenses, loss of companionship and pain and suffering.

FAQs - Swimming Pool Injuries

Got a question? We’re here to help.

In the state of Florida, if you have been injured while swimming on another person’s property, you have four years from the date of the accident to pursue a case. As soon as possible, you should call Future Firm Law, so that you can preserve your claim.

Slip and fall is a term used for a personal injury case in which a person slips or trips and is injured while they are on someone else’s residential or commercial property. Swimming pool decks are a prime culprit in slip and fall cases.

The owner of a public pool is required to maintain and repair the pool and its surrounding areas in a reasonable amount of time, so as not to put guests at risk.

It was designed to make Florida pools safer, especially for children, and demands that a residential swimming pool barrier have all of the following characteristics:

  • The barrier must be at least 4 feet high on the outside.
  • The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
  • The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
  • The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.

The equipment surrounding a pool can be just as dangerous as the pool itself. Electrical equipment around pools, diving boards, and wet, slippery ground surfaces can all present perilous hazards around pools. Swimming pool slides can also be dangerous. This is particularly true if the slide drops off into shallow areas and/or when people go down slides headfirst.

Florida law defines a “drowning” as a suffocation and death due to the lungs filling with water or other type of liquid substance. Drowning ranks as the fifth leading cause of unintentional deaths in the United States.